Lloyd Benton Miller joined the firm in 1979 and opened the firm's Alaska offices in 1984. Among other areas, Mr. Miller has worked extensively on tribal jurisdiction litigation (including trial and appellate litigation), alcohol and gaming regulation, Indian Self-Determination Act and "self-governance" matters, Indian health law issues, employment law, ANCSA land and corporate matters, land claims, government contracting law, Indian Child Welfare Act matters, U.S. Claims Court cases involving treaty rights (including federal timber mismanagement, land claim and money accounting matters), hunting and fishing cases, and a variety of general counsel matters for tribal governments, ANCSA corporations, and tribal health and social service providers. Mr. Miller also serves by court appointment as Plaintiffs' Liaison Counsel in the EXXON VALDEZ Oil Spill Litigation (also serving as co-class counsel to the Alaska Native Class), and is handling several lawsuits against the government involving self-governance compacts and self-determination contracts.
Recent representative litigation includes:
Cherokee Nation of Okla. and Shoshone-Paiute Tribes of the Duck Valley Reservation v. Leavitt, 543 U.S. 631 (2005), aff'g Thompson v. Cherokee Nation of Okla., 334 F.3d 1075, 1080 (Fed. Cir. 2003) and rev'g Cherokee Nation of Okla. v. Thompson, 311 F.3d 1054 (10th Cir. 2002) (lead counsel in cases establishing government liability in damages for the Indian Health Services' failure to pay full contract support costs owed under self-governance compacts); Shoshone-Bannock Tribes of the Fort Hall Reservation v. Leavitt v. Secretary, DHHS, 279 F.3d 660 (9th Cir. 2002) (on remand in 2005, reopening final judgment and subsequently awarding $1,200,000 in contract support cost damages); Cherokee Nation v. Norton, et al., 389 F.3d 1074 (10th Cir. 2004) (sustaining Cherokee Nation's challenge to Secretarial recognition of splinter group); Ramah Navajo Chapter v. Norton, 250 F. Supp. 2d 1303 (D.N.M. 2002) ($29 million class settlement of contract claims against Bureau of Indian Affairs); Yukon-Kuskokwim Health Corp. v. NLRB, 234 F.3d 714 (D.C. Cir. 2000) (addressing labor organizing rights of employees under Indian Self-Determination Act); Alaska Native Class v. Exxon Corp., 104 F.3d 1196 (9th Cir. 1997) (involving non-economic subsistence damages suffered in 1989 oil spill); Yukon-Kuskokwim Health Corp. and Int'l Brotherhood of Teamsters, Local 959, AFL-CIO, CLC, 341 NLRB No. 139 (May 28, 2004) (declining to exercise NLRB jurisdiction over an Alaska tribal health care provider); and Ramah Navajo Sch. Board and Puyallup Tribe of Indians v. Babbitt, 87 F.3d 1338 (D.C. Cir. 1996) (overturning BIA policy of penalizing certain tribal contractors).
Mr. Miller received his B.A. from Yale in 1975 and graduated with honors from the University of Virginia Law School in 1978, where he received the Order of the Coif for academic excellence. After graduation he interned for one year with Chief Judge James M. Fitzgerald of the United States District Court for the District of Alaska.Bar and Court Admissions
District of Columbia Bar, 1979; Alaska Bar, 1978;
U.S. Supreme Court, 1984; U.S. Court of Appeals for the D.C. Circuit, 1980; U.S. Court of Appeals for the 9th Circuit, 1996; U.S. Court of Appeals for the 10th Circuit, 1982; U.S. Court of Appeals for the Federal Circuit, 1999; U.S. Court of Federal Claims, 1979; U.S. District Court for the District of Columbia, 1981; U.S. District Court for the District of Alaska, 1979; Shoshone-Paiute Tribal Courts, 2009.
In 2007 Mr. Miller was elected to serve as Alaska's first lawyer representative on the Conference Executive Committee of the U.S. Court of Appeals for the Ninth Circuit. Mr. Miller also serves on the Board of the Alaska Chapter, Federal Bar Association; is a fellow of the FBA Foundation; is the Treasurer of the FBA Indian Law Section; is the President of Trustees for Alaska (a non-profit environmental law firm); is a past board member of Alaska Conservation Voters, Inc.; is a past board member and President of Alaska Legal Services Corporation; and is a past board member, Chair and the founder of the Native Law Section of the Alaska Bar Association. In 2007 Mr. Miller was recognized as one of Alaska's top ten "Super Lawyers," received an A-V rating from Martindale-Hubbell, and was recognized in BEST LAWYERS IN AMERICA.
CAUGHT IN A CROSSFIRE: CONFLICT IN THE COURTS, ALASKA TRIBES IN THE BALANCE 1990, by the President and Fellows of Harvard College; Principal Author: ANALYSIS OF THE DEPARTMENT OF THE INTERIOR SOLICITOR'S OPINION ON THE TRIBAL STATUS AND POWERS OF ALASKA NATIVE VILLAGES, National Indian Policy Center, George Washington University (1994); REPORT OF THE COMMITTEE ON SELECTED REGULATORY IMPLEMENTATION ISSUES ARISING UNDER THE 1987 AND 1988 AMENDMENTS TO THE INDIAN SELF-DETERMINATION ACT OF 1975, National Indian Health Board Self-Determination Act Committee (1988).
Presenter, THE JUNE 1999 FINAL REPORT OF THE NCAI NATIONAL POLICY WORKGROUP ON CONTRACT SUPPORT COSTS (1999, 2003); Presenter, INDIAN LAW AND THE SUPREME COURT'S 1997-98 TERM, Native American Bar Association and Federal Bar Association (joint session) (1998); Presenter: NATIVE AMERICAN HIRING AND CONTRACTING PREFERENCE LAWS, Federal Bar Association, Annual Federal Indian Law Conference (1996); Presenter: BIA AND IHS FAILURES TO IMPLEMENT THE INDIAN SELF-DETERMINATION ACT AMENDMENTS OF 1988, National Congress of American Indians Annual Convention (1993); Guest Lecturer: Alaska Natives and Federal Indian Law, Harvard Law School (1990, 1991).