Cary W. Miller, Esq.

• Mediated a lawsuit for significant property damage as a result of one of
  the massive wildfires in San Diego County.
• Mediated a dispute between a San Diego biotech firm against a Dallas based company for breach of contract and fraud based upon the
  defendant’s alleged failure to honor the terms of a marketing agreement
  between the parties.
• Mediated multiple class action lawsuits involving claims of unfair business practices, false advertising and trade secret violations.
• Arbitrated a dispute between a San Diego company and its Mexican
  franchisee involving breach of contract, trade secrets, unfair competition
  and trade libel. Decision was rendered following a 12-day arbitration.
• Arbitrated a dispute between a professional group and its insurer. The
  insurer claimed the professional group breached its contractual duty to
  cooperate and the professional group cross-complained for bad faith.
  Decision rendered after an 8-day arbitration.

• Arbitrated a dispute involving the alleged breach of an insurance
  agreement between a professional group and its professional liability
  carrier. Decision rendered following a 3-day arbitration.
• Arbitrated a partnership dispute among three partners who engaged in
  the business of buying apartments and converting them into condos. The parties resolved the dispute after 8 days of arbitration and before a
  decision was rendered.

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• Mediated multiple wrongful termination lawsuits. One such case involved
  the alleged wrongful termination of a former executive of the El Paso,
  Texas subsidiary of a Taiwanese software company.
• Arbitrated a case brought against a professional college. Plaintiff alleged
  that the college violated the ADA in failing to accommodate her disability
  arising from a diagnosis and treatment of breast cancer. Decision
  rendered following 4 days of arbitration.
• Served as the hearing officer in three Skelly appeals brought by employees who had been terminated by their employer.

• Arbitrated numerous payment disputes between payers and healthcare
  providers.
• Served as binding arbitrator for a specialty medical group that had a
  deadlocked board of directors. Decisions were made on multiple issues
  over a period of one year.
• Mediated a shareholder derivative lawsuit involving a specialty medical
  group. The mediation consumed eight sessions. The parties reached a
  settlement that involved the restructuring of the medical group’s board of directors, management team and operations.
• Arbitrated a case involving a large specialty medical group and its MSO. A Motion for Summary Adjudication was granted on a major issue, after
  which the parties resolved the rest of the case.
• Mediated multiple product liability lawsuits against medical device
  companies.

• Mediated numerous medical malpractice claims brought by patients
  against hospitals, physicians, dentists and other healthcare providers.
• Arbitrated numerous medical malpractice claims against hospitals,
  physicians, dentists and other healthcare providers.
• Arbitrated a claim against an ophthalmologist for damages following Lasik surgery. The lawsuit involved claims of professional negligence, fraud and unfair advertising. Decision was rendered following a 10-day arbitration.
• Arbitrated a claim against a major hospital system which resulted in a $5.4 million award following an 8-day arbitration.
• Served as party-appointed arbitrator on behalf of plaintiffs and
  defendants in more than 30 medical malpractice arbitrations.

• Mediated 2 peer review matters brought by hospital medical staffs against physicians. Both matters involved recommended termination of medical staff membership and clinical privileges based on quality of care concerns and alleged disruptive conduct.
• Arbitrated a matter in which the hospital medical staff recommended
  termination of a physician based on his failure to honor the terms of an
  agreement made following the rescinding of a summary suspension.
• Served as the Hearing Officer in 13 Judicial Review Hearings brought
  against physicians by hospital medical staff and physician groups. These
  matters involved summary suspensions and/or recommended
  terminations for a variety of issuesincluding quality of care concerns, poor surgical technique, disruptive behavior, false billing claims, false
  applications, and suspected drug addiction or impairment. One case
  involved the acting chief of staff at the time the corrective action was
  taken.
• Served as the Hearing Officer in 2 board appeals from Judicial Review
  Decisions. In one matter, the appeals panel was asked to determine
  whether the physician was denied fair process. In the other matter, the
  appeals panel was asked to determine whether there was substantial
  evidence to support the decision of the Judicial Review Committee.