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Howard M. Miller

Member

Garden City, NY

(516) 267-6318

(516) 267-6301 fax

Bar/Court Admissions

  • New York
  • Connecticut
  • U.S. Court of Appeals for the Second Circuit
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York

Education

  • St. John's University School of Law (J.D., 1990)
  • State University of New York at Albany (B.S., cum laude, 1986)
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Howard M. Miller

Howard is a labor and employment law attorney whose practice includes most aspects of employment and education law and related litigation. Many of his cases have received media attention and have been reported in the New York Law Journal and Employment Law 360. Howard frequently lectures on topics such as Constitutional Law, non-compete and trade secret litigation, employment and Constitutional issues relating to social networking sites and various aspects of employment discrimination and education law.

Representative Matters

  • Nadolecki v. William Floyd School District, 2016 U.S. Dist. LEXIS 88399 (E.D.N.Y. 2016) (recommending dismissal of First Amendment retaliation claims), adopted in its entirety 15-cv-2915 (9/13/2016)
  • City of Binghamton v. Whalen, 2016 N.Y. App. Div. LEXIS 4167 (3d Dep’t June 2, 2016) (argued and on the brief in case enforcing full and complete compensation forfeiture under the “faithless servant doctrine” and rejecting task-by-task apportionment of damages)
  • Westchester Cnty. Independence Party v. Astorino, 2015 U.S. Dist. LEXIS 133318 (S.D.N.Y. 2015) (dismissing RICO and Constitutional claims)
  • Lasillo v. Pilla, 120 A.D.3d 1192, 992 N.Y.S.2d 143 (2d Dep’t 2014) (affirming Village’s termination of post-termination health care benefits)
  • Hommel v. City of Long Beach, 2014 WL 1010654 (E.D.N.Y. March 14, 2014) (successful defense of First Amendment retaliation claim)
  • Mohawk v. William Floyd School District, 2014 WL 838162 (E.D.N.Y. March  3, 2014) (dismissing employment discrimination and retaliation claim)
  • Saliba v. Five Towns College, 2014 WL 92690 (E.D.N.Y. Jan. 10, 2014)(holding that alleged complaint by faculty member about another faculty member’s harassment of student did not constitute protected activity under Title VII  and dismissing retaliation claim on additional ground of lack of “but-for” causation and failure to exhaust remedies).
  • Dong v. Town of North Hempstead, 2013 WL 6407724 (E.D.N.Y. Dec. 9, 2013)(dismissing Fifth Amendment takings claim).
  • Spataro v. Glenwood Supply, 479 Fed. Appx. 403 (2d Cir. 2012) (affirming grant of motion to dismiss age discrimination claims)
  • Carroll v. City of Mount Vernon, 2011 WL 6759597 (2d Cir. 2011) (argued and on the brief in case granting post-Ricci motion for summary judgment dismissing reverse race discrimination claim), affirming 707 F.Supp.2d 449 (S.D.N.Y. 2010) (analyzing post-Ricci disparate impact claims)
  • Mosby v. William Floyd School District, 2010 WL 376842, 363 Fed. Appx. 788 (2d Cir. 2010) (argued and on the brief in case affirming grant of summary judgment in discrimination, hostile environment and retaliation case)
  • Hammond v. Keyspan, 2009 WL 337727 (2d Cir. 2009) (on the brief in case affirming grant of summary judgment in disability discrimination case)
  • Capone v. Weeks, 326 Fed. Appx. 46 (2d Cir. 2009) (argued and on the brief in case seeking recovery of defendant's attorney's fees in employment case) on remand 2010 WL 2771845 (E.D.N.Y. 2010) (granting fee shift against plaintiff's counsel)
  • New York & Atlantic Railway Company v. Surface Transportation Board, 635 F.3d 66 (2d Cir. 2011) (upholding right of Town to enforce local zoning ordinances on transloading facility)
  • Evans v. City of Mount Vernon, 92 A.D.3d 829, 939 N.Y.S.2d 130 (2d Dep’t 2012) (argued and on the brief in case dismissing negligent hiring and supervision claims)
  • William Floyd School District v. Wright, 61 A.D. 3d 856, 877 N.Y.S.2d 395 (2d Dep't 2009) (argued and on the brief in novel application of "faithless servant doctrine")
  • Ciancuilli v. Bronxville Police Commissioners, 57 A.D.3d 661, 868 N.Y.S.2d 548 (2d Dep't 2008) (argued and on the brief in case upholding termination of police officer)
  • Murray v. Downey, 48 A.D.3d 817, 852 N.Y.S.2d 387 (2d Dep't 2008) (argued and on the brief in case requiring exhaustion of remedies under collective bargaining agreement prior to filing lawsuit)
  • Beale v. Mount Vernon Police Department, 2012 WL 4473282 (S.D.N.Y. 2012) (dismissing sex-based hostile environment claims)
  • Guardino v. Village of Scarsdale Police Department, 2011 WL 4000999 (S.D.N.Y. 2011) (granting motion to dismiss ADA claim)
  • Zucker v. Five Towns College, 2010 WL 3310698 (E.D.N.Y. 2010) (granting motion to dismiss age discrimination claim)
  • Burchette v. Abercrombie & Fitch Stores, Inc., 2010 WL 1948322 (S.D.N.Y. 2010) (dismissing claims alleging selective enforcement of “look policy”)
  • Blanco v. Village of Scarsdale, 2009 U.S. Dist. LEXIS 42773 (S.D.N.Y. 2009) (granting motion to dismiss retaliation claims)
  • Meyer v. William Floyd School District, 2009 WL 33227208 (E.D.N.Y. 2009) (successful motion to dismiss employment discrimination claims)
  • Kempkes v. Marvin, 2008 WL 5330673 (S.D.N.Y. 2008) (successful motion to dismiss First Amendment retaliation claim)