Gray Miller

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Gray Miller
Miller, Gray.jpg
Current Court Information:
United States District Court for the Southern District of Texas
Title:   Judge
Position:   Seat #14
Station:   Houston, TX
Service:
Appointed by:   George W. Bush
Active:   05/26/2006 - Present
Preceded by:   Ewing Werlein, Jr.
Personal History
Born:   1948
Hometown:   Houston, TX
Undergraduate:   University of Houston, 1974
Law School:   University of Houston Law, 1978

Gray Miller is an Article III federal judge for the United States District Court for the Southern District of Texas. He joined the court in 2006 after being nominated by President George W. Bush.[1]

Early life and education

A native Texan, Miller graduated from the University of Houston with his bachelor's degree in 1974, and with his Juris Doctor in 1978.[1]

Professional career

Miller worked as private practice attorney licensed in the State of Texas from 1978 to 2006.[1]

Judicial career

Southern District of Texas

On the unanimous recommendation of U.S. Senators Kay Bailey Hutchinson and John Cornyn, Miller was nominated by George W. Bush on January 25, 2006, to a seat vacated by Judge Ewing Werlein, Jr. Miller was confirmed by the U.S. Senate on April 25, 2006, on a unopposed 93-0 Senate vote, and received commission on April 25, 2006.[2]

Notable cases

Third party complaint for alleged funding of terrorism dismissed (2014)

     United States District Court for the Southern District of Texas (Odelia Abecassis, et al v. Wyatt, Jr., et al, 4:09-cv-03884)

On February 12, 2014, Judge Miller granted thirty-three separate motions to dismiss filed by third party defendants, ruling that they were not entitled to relief pursuant to the Anti-Terrorism Act (ATA), the law under which they filed suit.[3]


In the underlying case, oilmen Oscar Wyatt, Jr. and David Chalmers were sued as defendants for making unlawful payments for oil under the United Nations Oil for Food Program and faced claims of funding terrorism. Wyatt and Chalmers turned around and filed suit as third party plaintiffs against sixty-two companies and individuals on October 30, 2012, alleging that they too made illegal kickback payments to purchase oil from the regime controlled by Saddam Hussein.[3]


Specifically, Wyatt and Chalmers, acting as third party plaintiffs, asserted that those payments were used to carry out three separate terrorist attacks in Israel in 2001 and 2002. The third party complaint alleged a single claim under the ATA, asserting that if they were to be held liable for kickback payments, then the other companies named in the third party complaint should be held liable as well.[3]


As Judge Miller noted in his opinion, the ATA does not permit defendants to demand that third parties assist in payment for damages. Miller wrote that "[t]here is no dispute that the ATA does not contain an express right of action for contribution," further noting that Wyatt and Chalmers did not "state a legally cognizable claim" in their complaint. He dismissed the third party complaint with prejudice, denying the oilmen the opportunity to amend their complaint, as doing so would be "futile."[3]

See also

External links

References

Federal judicial offices
Preceded by:
Ewing Werlein, Jr.
Southern District of Texas
2006–Current
Seat #14
Succeeded by:
NA


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