Janet Lee (Jayli) Miller joins JAMS after serving 15 years as the staff attorney for the Complex Litigation Department of the San Francisco Superior Court, where she worked on all phases of civil litigation, including court mediations, on hundreds of matters. Prior to joining JAMS as a neutral, Ms. Miller collaborated with JAMS’ top arbitrators and mediators, writing awards, consulting on motion practice and case management issues, and assisting with settlement allocations and neutral evaluations. She is known for her ability to grasp complex and nuanced legal issues and for her creativity in devising cost-effective and pragmatic case management solutions. Her primary objectives are to treat every party fairly, resolve disputes fully and finally, and avoid unnecessary costs.

While at the court, Ms. Miller worked on complex matters in a wide variety of practice areas, including drug and medical device mass torts, consumer and commercial financial services, antitrust, unfair business practices, insurance coverage, employment, water rights, environmental (including CERCLA and California Proposition 65), and contractual and business disputes. Ms. Miller has worked on hundreds of state and nationwide class actions and helped create court procedures for JCCP consolidated mass tort actions.  

Prior to her service on the superior court, Ms. Miller worked as a litigator and in high-tech and startup companies in San Francisco, gaining expertise in client products, processes, technologies and business goals.

ADR Experience and Qualifications

• Court Appointed Discovery Facilitator, Marin County Superior Court, 2021-present
• Court-appointed mediator for the Marin County Superior Court
• Served 14 years in the Complex Litigation Department at the San Francisco Superior Court
• 25 years of experience in the legal field, including litigation, trial, mediation, arbitration and special master experience

Representative Matters

• Antitrust & Competition
• Litigation brought by developer of pen-like stylus operating system alleging that international software developer eliminated all competition in computer operating system market
• Litigation brought by designer, developer and licensor of SDRAM and DDR memory against producer of computer memory and computer data storage alleging an anticompetitive conspiracy to “kill technology”
• Business Commercial
• Indirect purchaser antitrust cases involving a variety of consumer and commercial products, including matters coordinated with direct purchaser federal litigation
• Institutional investor action, including California's largest governmental retirement fund, governmental agencies and large investor groups, to recover losses from the largest Ponzi scheme in history
• Discovery reference matter for nationwide class action alleging false representations and unfair business practices by purchasers of cell phones
• Dispute between board of directors of large San Francisco Bay Area charitable organization seeking removal of founding member
• Arbitration of dispute between Native American tribe and professional consultants over contract to establish tribe’s federal recognition and acquire real estate to create and operate gambling casino
• Minority shareholder dispute over investments in large Philippines water treatment plant regarding returns based on business pro forma
• Multilevel contract dispute between San Francisco-based clothing manufacturer and international professional services provider over the development, implementation and maintenance of corporate accounting system
• Discovery reference matter between audio encoding corporation and multimedia software producer regarding attorney-client privilege and work product protection over internal technical communications
• Arbitration of dispute over purchase of Bay Area lighting company by purchasers asserting fraud and misrepresentation in financial reporting
• Arbitration of alleged breach of license agreement over patented lighting technology
• Arbitration between equity investment fund partnerships involving claims of fiduciary breach and misappropriation of funds
• Civil Rights
• Arbitrated cases involving claims under California Unruh Act, Bane Civil Rights Act, ADA, FMLA, Title VII, ADEA, and EPA.
• Notable cases include In re Marriage Cases, striking California statutory ban on same sex marriage as unconstitutional, and Coachella Valley Unified School District v. California, California school districts’ challenge to the implementation of No Child Left Behind Act.
• Trained as Title IX external adjudicator for colleges in sexual assault and harassment cases.
• Class Action & Mass Tort
• Coordinated mass torts proceedings consisting of thousands of statewide tort lawsuits alleging injuries from defendants' drug and medical device products; many of these coordinated proceedings were in turn coordinated with similar federal MDLs and other states' actions; salient experience included organization of cases; direction of information exchange in lieu of expensive, duplicative discovery; standardization of inter-jurisdictional litigation management; selection and resolution of bellwether cases; assistance in settlement discussions; and settlement administration
• False advertisement/misrepresentation: multiple food labeling cases alleging deceptive and misleading product packaging; multiple cases alleging false labeling and false bargain advertisement
• Class action negligent misrepresentation claims brought by institutional and other large investors against multiple rating agencies over their involvement with structured financial securities
• Class action litigation alleging violation of California’s Song-Beverly Consumer Warranty Act via the sale of consumers’ personally identifiable information to third parties by major retailers
• Coordinated class action privacy rights cases against credit card issuers for the sale of cardholder information to third parties
• Class action lawsuit challenging allegedly unsafe levels of lead in California's public water infrastructure
• Cartwright Act class action, coordinated with federal MDL action, alleging that United States car manufactures conspired to prevent the importation of cars from Canada
• Construction Defect
• Construction defect action against design professionals, general contractors, subcontractors and material suppliers regarding alleged deficiencies in large condominium complex
• Litigation brought by San Francisco city attorney and homeowners against developer of a luxury San Francisco skyscraper that was leaning and sinking
• Elder Abuse
• Multiple arbitrations involving allegations of elder abuse associated with institutional settings
• Arbitration alleging financial elder abuse resulting from issuance of hard-money loans to elderly plaintiff-owner of multiple rental properties
• Financial elder abuse and harassment claims between TIC owners of multi-unit San Francisco apartment building
• Employment Law
• Class actions asserting wage and hour, lunch and break time, work uniform, "off the clock" activities and other asserted employment law violations
• Arbitration of whistleblower claim brought by state bar president against state bar association
• Arbitration of pregnancy-related discrimination claims brought against international beverage corporation
• Arbitrations involving allegations of racial and gender discrimination against multiple corporations
• Arbitrations involving disability discrimination claims against paint manufacturer, regional car dealerships and other employers
• Environmental Law
• Proposition 65 claims involving a wide variety of products, including consumables (e.g., fish), beauty items and office supplies
• California water agency litigation over rates and access rights
• Cleanup contribution litigation brought by multiple California cities and counties against dry cleaners, equipment manufacturers and PERC chemical manufacturers to remedy city and county groundwater contamination
• Health Care
• Multiple arbitrations between hospitals and health plans for alleged underpayment of claims
• Antitrust lawsuit filed by assorted employee unions alleging that a Sacramento-based provider network exerted market power to inflate prices and exclude competition
• Insurance
• Lawsuits seeking contributions to defense costs and indemnity for underlying litigation, including asbestos-related product liability lawsuit spanning more than 25 years for coverage of over 200,000 underlying cases and involving dozens of insurers and multiple coverage levels
• Arbitrations seeking coverage for D&O liability
• Arbitration of representations and warranty insurance policy coverage for alleged accounting irregularities and fraudulent reporting in the purchase of a global designer, manufacturer and distributor of ophthalmic lenses
• Arbitration of coverage under a self-insured risk pool brought by a municipality sued by association of retired employees for breach of contract resulting from pension reform resolutions adopted by board of supervisors  
• Real Property
• Litigation of dispute alleging fraud in the acquisition and development of a golf course and conference center in Half Moon Bay by Chinese corporation
• Arbitration of professional malpractice allegations stemming from litigation over land use grants to develop eco-resort in Monterey Bay
• Arbitrations of several cases between buyers and sellers regarding claimed breaches of purchase/sale contracts, including claims of fraudulent inducement and failure to disclose

Honors, Memberships, and Professional Activities

• Board Member, Golden Gate Electric Vehicle Association
• Board President, Bay Area Theatre Sports
• Queen’s Bench
• California Women Lawyers
• Marin County Bar Association
• Bar Association of San Francisco

Background and Education

• J.D., cum laude, UC Hastings College of the Law
  • Order of the Coif
  • Queen’s Bench Award
• B.A., Scripps College
  • Phi Beta Kappa
  • Distinguished Thesis Award: “Effects of Gender and Power Differentials on Subjects’ Perception of Sexual Harassment in the Workplace”
• ADR Attorney
• Staff Attorney, San Francisco Superior Court
• Attorney Developer, LAWGIC.com
• Attorney, Stein & Lubin
• Applications Programmer, Xerox Corporation