Militello, Janet E.

Janet E. Militello




Janet Militello focuses on domestic and international commercial matters related to all aspects of business and banking. She has extensive trial, injunction, and arbitration experience involving breach of contract, fraud and misrepresentation, antitrust, lender liability, trade secret and unfair competition, and partnership and construction disputes. Janet also prosecutes and defends fiduciary liability cases, will contests, and other estate and trust litigation matters.

Representative Experience

  • 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.
  • Obtanied early dismissal of human trafficking claims brought against large sporting good retailer.
  • 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 $15 million dollar 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.
  • 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.
  • Obtained and negotiated defense settlement of $70 million wrongful death claim related to explosion of medical grade oxygen canister during voir dire.
  • 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 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 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 energy companies in connection with various matters related to alleged breaches of contract, implied covenants, negligence, and fraud.
  • Representation of a large mortgage company in class action litigation based upon allegedly improper lending practices.
  • Representation of one of England's largest charter airline companies in a breach of contract and fraud case.
  • Representation of a national freight forwarding company in connection with various trade secret and covenant not to compete lawsuits.

Professional Affiliations and Recognitions

  • 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