cmilner@foglerbrar.com

713-481-1010 (Main)

713-325-7240 (Direct)

Carly Milner

Carly is a commercial litigator with broad experience in state and federal court and arbitration, representing plaintiffs and defendants in complex disputes. She enjoys digging into the details with experts and developing the legal theories of the case with the goal of reaching a resolution that makes business sense for the client. In addition to her trial work, she has briefed and argued several cases in the Fifth Circuit Court of Appeals and briefed cases in appellate courts in multiple jurisdictions.

Representative Experience

COMMERCIAL LITIGATION

Carly has represented clients in breach of contract, corporate governance, fraud, intellectual property, insurance coverage, and other disputes. Her experience includes cross-examining key witnesses at arbitration hearings and trial; briefing and arguing cases before the Fifth Circuit; briefing cases before the First and Fourteenth Court of Appeals of Texas and the Third Circuit; and taking primary responsibility for discovery, summary-judgment and other dispositive motion briefing and argument. Carly has represented clients in the health care, aviation, energy, private equity, and real-estate sectors.

OIL & GAS LITIGATION

Carly has represented both plaintiffs and defendants in oil and gas litigation, including disputes between energy companies and surface owners over trespass and surface-use issues, royalty disputes (including complex accounting and allocation issues), and disputes over ownership of petroleum products. She has litigated these claims in Texas state court in Starr County and Harris County; in federal court in the Southern District of Texas, Western District of Oklahoma, District of Kansas, and the 10th Circuit; and in state court in Oklahoma and Kansas.  Carly also has experience in disputes over pipeline easements and eminent domain issues.

OTHER EXPERIENCE

Carly has assisted in the representation of landowners in eminent domain suits.  She also has significant experience counseling oil & gas companies on unclaimed property audits and compliance.

EDUCATIONAL BACKGROUND
  • J.D., University of Virginia
  • B.A., with highest honors, University of Texas at Austin
BAR ADMISSIONS
  • Licensed in Texas, Virginia, and the District of Columbia
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Western District of Texas
  • Court of Federal Claims
  • Third Circuit Court of Appeals
  • Fifth Circuit Court of Appeals
  • Tenth Circuit Court of Appeals
JUDICIAL CLERKSHIPS
  • Law Clerk to the Hon. Samuel B. Kent, U.S. District Court for the Southern District of Texas
PUBLICATIONS
COMMUNITY INVOLVEMENT
  • Editorial Board, The Houston Lawyer
  • Fellow, Texas Bar Foundation
  • Fellow, Houston Bar Foundation
  • 2018-2019 Rising Star, League of Women Voters-Houston
  • Plant It Forward Advisory Committee Member, 2020-present
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