Ralph Perry-Miller
Member
1601 Elm Street, Suite 4600
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For over twenty-five years Ralph has successfully represented clients involved in business and real estate disputes and transactions. Ralph's extensive trial and litigation experience includes trying cases to judgment or verdict and arguing appeals in over a hundred cases. He is particularly proud of a recent case he argued before the Supreme Court of Texas resulting in an opinion Creditwatch v. Jackson, 197 S.W.3d 814 (Tex. 2005) which clarified the law favorably for employers in sexual harassment cases.
Area of Practice
Industry Experience
Recent News
Representative Experience
Obtained defense jury verdict for commercial tenant (nightclub) and guarantor of lease in lease termination suit in which landlord sought over 1 million in rent and property damage, with jury awarding less than $50,000 and completely releasing guarantor.
Obtained defense summary judgment ruling that the trade secrets claimed by corporate plaintiff to be misappropriated and worth millions of dollars were not trade secrets resulting in settlement of entire case for less than $10,000.
Obtained jury verdict for commercial landlord in complicated commercial real estate lease dispute with jury finding that tenant had committed fraud and awarding punitive damages to landlord.
Successfully argued appeal to Supreme Court of Texas that intentional infliction of emotional distress claim was pre-empted by sexual harassment statutes, resulting in take nothing in favor of corporate employer.
Defended Estate and Administrator sued for $50 million on breach of fiduciary duty claim. Obtained take nothing summary judgment with case settling for less than cost to client of appeal.
Successfully defended component manufacturer on defective product claim seeking over $2 million dollars resulting in small payment to client for unpaid product.
Represented commercial landlord in litigation concerning right of tenant to move out and nullify the percentage rent provisions of the lease. Tenant sued claiming that it had over paid the rent by $200,000 and breach by landlord. Case resulted in payment of over $600,000 to landlord.
Represented commercial real estate broker on claim for commercial lease commissions where there was no listing agreement. Case resulted in payment in full of commission owed to client (broker) on $6 million dollar transaction.
Assisted with asset sale of corporate client’s Dallas operations as part of transaction valued at over $70 million dollars.
Reported Cases: In re Gulf Coast Business Development Corp., 247 S.W.3d 787 (Tex.App.-Dallas 2008); In re Gulf Coast Business Development Corp., WL 698697 (Tex.App.-Dallas 2008); Creditwatch, Inc. v. Jackson, 157 S.W.3d 814 (Tex. 2005); Vastine v. Bank of Dallas, 808 S.W.2d 463 (Tex. 1991); In re Sheets, 971 S.W.2d 745 (Tex.App.-Dallas 1998, orig. proceeding); Jackson v. Creditwatch, Inc., 84 S.W.3d 397 (Tex.App.--Fort Worth 2002); Darwin v. Fugit, 914 S.W.2d 621 (Tex.App.-Fort Worth 1995, writ denied); Distribution Serv., Ltd. v. Eddie Parker Interests, Inc., 897 F.2d 811 (5th Cir. 1990); American Imaging Serv., Inc. v. Eagle-Picher Indus., Inc.; In re Eagle-Picher Indus., Inc., 963 F.2d 855 (6th Cir. 1992); New Trends, Inc. v. United States, 10 Ct. Int'l Trade 637, 645 F.Supp. 957 (1986).
Professional Activities, Memberships & Affiliations
Named A “Super Lawyer” by Texas Monthly Magazine in 2006 and 2007.
Board Member of Danielle Dawn Smalley Foundation, a private foundation committed to pipeline safety (www.smalleyfnd.org).
Admitted to practice before the following courts: 1982, Texas; 1983, U.S. Tax Court and U.S. District Court, Northern District of Texas; 1985, U.S. Court of International Trade; 1986, U.S. Court of Appeals, Fifth Circuit; 1989, U.S. District Court, Western District of Texas; 1991, U.S. Court of Appeals, Sixth Circuit; 2000, U.S. Supreme Court; 2001, U.S. District Court, Southern District of Texas; 2002, U.S. District Court, Eastern District of Texas.
Publications & Speeches
Intentional Infliction of Emotional Distress: A cause of action whose time has come - to go. Delivered June 2006 to Dallas Bar Association Employment Law Section.
Education
1975 - The Hill School (Preparatory)
1979 - B.A., Oberlin College
1982 - J.D., Southern Methodist University
