M. Miller Baker focuses his practice on complex civil litigation and serves as co-chair of the Firm’s Appellate Practice Group. Miller’s litigation experience includes matters involving constitutional law, preemption, health care, patents and intellectual property, energy, environmental law, election law, securities and white collar defense, food and beverage, the False Claims Act, the Federal Arbitration Act, administrative law, antitrust, employee benefits, agro-business, insurance, international trade, federal tax, and state and local tax.

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  • Healthcare Distribution Alliance v. Zucker, No. 1:18-cv-06168-KPF,  2018 WL 6651682 (S.D.N.Y. Dec. 19, 2018) (lead counsel for national trade association for pharmaceutical distributors in successful constitutional challenge to New York’s $600 million surcharge on manufacturers and distributors of opioid products)
  • Atkins v. CGI Techs. & Sols. Inc., No. 17-5506, 2018 WL 798393 (6th Cir. Feb. 9, 2018) (holding that Kentucky law did not “reverse preempt” the Federal Arbitration Act by operation of the McCarran-Ferguson Act)
  • Pharmaceutical Care Management Association v. Gerhart, 852 F.3d 722 (8th Cir. 2017) (holding that ERISA preempted Iowa law regulating the pharmacy benefit management function of ERISA plans)

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  • Appellate Hot List, National Law Journal (2008, 2010, 2014)
  • Brief of the Week, National Law Journal Supreme Court Insider (March 20, 2013)
  • Supreme Court and Appellate, Legal 500 (2010 – 2017)

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Tulane University School of Law, JD, 1984

District of Columbia

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M. Miller Baker

Insights & Events / Media

Webinar / Speaking Engagements / April 19, 2018

Forbes / April 14, 2014

Why Federal Agencies Run Amok