Militello, Janet E.

Janet E. Militello

Partner
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Janet Militello has over 35 years of extensive domestic and international trial, injunction and arbitration experience.

She prosecutes and defends breach of contract, fraud and misrepresentation, antitrust, lender liability, trade secret and unfair competition, and partnership and construction disputes. Janet also has experience with fiduciary liability cases, will contests, and other estate and trust litigation matters.

Janet Militello has over 35 years of extensive domestic and international trial, injunction and arbitration experience.

She prosecutes and defends breach of contract, fraud and misrepresentation, antitrust, lender liability, trade secret and unfair competition, and partnership and construction disputes. Janet also has experience with fiduciary liability cases, will contests, and other estate and trust litigation matters.

Janet's representative experience includes:

Breach of Contract, Fraud & Misrepresentation Litigation

  • Obtained $15 million payment in settlement of dispute arising from natural gas gathering and processing contract dispute. Defendants increased offer from $1 million to $15 million following first week of plaintiff’s presentation and case in chief during what was scheduled as a two-week jury trial.
  • Representation of one of the world's largest financial institutions against a claim of fraud (over $150 million sought). After a three and one-half week jury trial, the jury returned a defense verdict, finding no fraud on the part of the institution. This matter is this bank's largest jury verdict ever.
  • Defended major automotive distributor against claims brought by a public auto group related to alleged claims of employee raiding and breaches of common law and statutory duties. Plaintiffs, who were seeking damages in excess of $9 million, non-suited the case during the first week of trial and during cross-examination of Plaintiffs’ star witness.
  • Obtained $15 million payment in settlement of dispute arising from natural gas gathering and processing contract dispute
  • Defended sellers of a multi-national wastewater treatment company against breach of representation, warranty, and fraud claims in a two-week jury trial in New York Supreme Court, commercial division. The jury verdict was limited to amounts that were admittedly owed and which were subject to offset for defendant sellers.
  • Representation of a prominent eye clinic in a breach of contract and breach of fiduciary liability case with a former shareholder. A unanimous jury verdict was returned.
  • Representation of a large home design retail company in connection with its defense related to a failed services agreement. No suit was filed, nor money paid.
  • Representation of energy companies in connection with various matters related to alleged breaches of contract, implied covenants, negligence, and fraud.
  • Representation of one of England's largest charter airline companies in a breach of contract and fraud case.
  • Obtained early dismissal of human trafficking claims brought against large sporting goods retailer

Personal Injury Litigation

  • Obtained and negotiated pre-trial defense settlement of $20 million premises liability and negligence claim related to a fall that resulted in the Plaintiff breaking his spine and spending time in a coma. Settlement obtained was a small fraction of what had been demanded.
  • Obtained and negotiated defense settlement of $70 million wrongful death claim related to explosion of medical grade oxygen canister during voir dire

Trade Secret Litigation

  • Obtained settlement of trade secret litigation, as plaintiff, for industrial health and safety services and training company. Settlement included an express acknowledgment of the existence and value of disputed trade secret methodology.
  • Representation of a national freight forwarding company in connection with various trade secret and covenant not to compete lawsuits

Class Action Litigation

  • Representation of a group of community banks in class action litigation based upon alleged fraud and statutory violations related to investment vehicles. Summary judgment was granted and no class was certified.
  • Representation of a large mortgage company in class action litigation based upon allegedly improper lending practices
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CREDENTIALS
Education
  • J.D., University of Houston Law Center, 1985

    Phi Delta Phi
    Order of the Barons (Recorder, 1984 - 1985)

  • B.F.A., with highest distinction, The University of Texas at Austin, 1975
Bar Admissions
  • Texas, 1985
  • Illinois, 2016
  • U.S. Supreme Court
Court Admissions
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Western District of Texas
Professional Affiliations
    • Fellow, Texas Bar Foundation
    • Member, State Bar of Texas
    • Member, Houston Bar Association Litigation Section - Probate, Trust and Estate Section
    • Member, American Bar Association Litigation Section
    • Member, Texas Association of Defense Counsel
Awards & Recognitions
    • Recognized, Deal of the Year, ACG Houston (2023)
    • Recognized, E&P Upstream Deal of the Year, ACG Houston (2023)