NED MILTENBERG –– NLSLF Co-Managing Partner

Univ. of Michigan Law School, J.D., Cornell Univ., B.A. Miltenberg served as Associate Editor of the UNIV. OF MICHIGAN JOURNAL OF LAW REFORM and Law Clerk to Chief Judge William B. Bryant of U.S. District Court for the District of Columbia. From 1991 to 2011 he worked as Associate General Counsel and Senior Litigation Counsel for the Association of Trial Lawyers of America (ATLA), for ATLA’s successor, the American Association for Justice (AAJ), and for the law firm ATLA/AAJ created, the Center for Constitutional Litigation. In those positions, he appeared as counsel of record, designed, briefed, and argued numerous constitutional challenges (at the trial and appellate levels and in federal and state courts) to tort “reform” statutes and procedural/evidentiary rule changes (such as those involving Daubert’s expert admissibility standards) and decisions construing Due Process standards for punitive damages and Supremacy Clause/preemption principles. He also appeared in, and also developed amicus and public relations strategies in, dozens of such cases in the Supreme Court of the United States and state supreme courts. Since retiring from ATLA/AAJ/CCL, he has served as trial, appellate, and amicus counsel in cases before the U.S. Supreme Court and several state supreme and appellate courts on various tort, constitutional, and regulatory issues. He co-authored Challenging the Constitutionality of Tort “Reform” Statutes in ATLA’s LITIGATING TORT CASES (West – AAJ Press; 2d ed. 2009), several articles with Dean Erwin Chemerinsky (The Need to Clarify the Meaning of U.S. Supreme Court Remands (2004), and The Constitutionality of Punitive Damages (2003)), and with NLSLF’s Founding Partner, Anthony Z. Roisman (Two Strikes and You’re Out: Defending Experts from Daubert Attacks (2002)), and a score of other articles on expert evidence, punitive damages, tort “reforms,” constitutional law, and appellate law, including The Revolutionary “Right to a Remedy”: Common Sense About the Constitutionality of the Common Law (1998), and Do-It-Yourself Brain Surgery: or Why You May Need to Hire an Appellate Specialist (1996). He is the co-recipient of the 2001 “Public Justice Achievement Award” from Trial Lawyers for Public Justice and was a finalist for TLPJ’s 1998 “Trial Lawyer of the Year” for developing the strategy (and contributing to many of the briefs) that led to the total invalidation of an omnibus tort “reform” statute in Best v. Taylor Machine (Ill. 1997).

Miltenberg’s writing and practice focus on tort law and tort “reforms,” constitutional law, evidence, and appellate practice. We learn nothing more on the second reading