CLIFTON NEAL MILLER, Esq., Clifton Miller, age 57, is an attorney who is engaged in the private practice of law in Tullahoma, Tennessee. He is a native of Estill Springs and graduated from Franklin County High School in 1984. He earned his Bachelor of Science degree in Chemistry from the University of Tennessee at Martin in 1988. In 1991, he graduated from the University of Tennessee College of Law where he earned his JD degree. Mr. Miller joined the law firm of Henry & McCord in 1991 as an associate and later became partner in 1994. Mr. Miller is the managing partner of the firm, now known as Henry, McCord, Bean, Miller, Gabriel & Marino, PLLC.
PRACTICE AREAS
Commercial and Business Litigation, Federal and State Trial Practice, Business Law, Construction Law, Appellate Practice
BAR and COURT ADMISSIONS
All Tennessee State Courts
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court for the Eastern District of Tennessee
U.S. District Court for the Middle District of Tennessee
U.S. Bankruptcy Court for the Eastern District of Tennessee
U.S. Bankruptcy Court for the Middle District of Tennessee
U.S. District Court for the Western District of Tennessee
PROFESSIONAL ASSOCIATIONS
American Bar Association (Sections on Litigation and Business Law)
Tennessee Bar Association (Sections on Litigation and Business Law)
Tennessee Council of School Board Attorneys
National School Board Association/Council of School Attorneys
Coffee County Bar Association (President 1996-1998)
TBA Corporate Counsel Section – Executive Counsel (2015-2016)
PROFESSIONAL CERTIFICATION
Federal Mediator for the U.S. District Court for the Eastern and Middle District of Tennessee.
EDUCATION INDUSTRY SERVICE
Mr. Miller has served as General Counsel for the Tullahoma Board of Education and Tullahoma City School System from 1999 to 2022.
Mr. Miller served as Special Counsel for the Manchester Board of Education and Manchester City School System (2014-2018) for (1) abolishment of the Manchester Board of Education by the Board of Mayor and Alderman of Manchester; and (2) Liquor By The Drink litigation.
Hearing Office Panel for the Tennessee School Board Association
Tennessee Council of School Board Attorneys; served as Vice-President and President.
BANKING INDUSTRY SERVICE
Mr. Miller was an Organizer of Southern Community Bank (fka The Bank of Tullahoma). He served as an Independent Director (2004-2018), General Counsel (2004-2018), Corporate Secretary (2014-2018), and a member of the Executive Committee and the Audit Committee (2004-2018).
Mr. Miller served as an Independent Director for SmartBank (2018-2020) and a member of the Governance Committee and the ALCO Committee (2018-2020).
Mr. Miller served as counsel for Bumpus Shares, Inc., bank holding company, in the sale of Citizens Bank & Trust (2018-2020)
RECOGNITIONS and AWARDS
Clifton is AV® Preeminent rated by Martindale-Hubbell. The Martindale-Hubbell “AV Preeminent” rating signifies the highest rating an attorney can receive from their peers for legal ability and adherence to professional standards of conduct, ethics, reliability and diligence.
Fellow of the American Bar Foundation (“ABF”). Founded in 1952 by the American Bar Association, the ABF is widely recognized as the premier institute in the United States for social science research on law. Membership as a Fellow of the ABF is strictly limited to one percent (1%) of the lawyers admitted to practice in the United States and its territories. In order to earn this honor, attorneys are recommended and nominated by the organizations National Fellows Officers and the Fellows Leadership within the state of Tennessee. The ultimate selection as a Fellow of the ABF serves as a recognition of a lawyer whose career has demonstrated extraordinary leadership in the profession, service to society, and commitment to the ideals and objectives of the American Bar Association.
2014 Top Rated Lawyer in Commercial Litigation by Martindale-Hubbell in the Litigation Special Report issue of The American Lawyer and Corporate Counsel magazines published by American Lawyer Media.
CIVIL and COMMUNITY SERVICE
Mr. Miller is active in the Tullahoma community where he is a former member of Kiwanis and Tullahoma Sunrise Rotary Club, and a current member of the Tullahoma Noon Rotary Club. He has served as Board Member (2007-2009), Treasurer (2008-2009), Secretary (2009-2010), Vice President (2010-2011), President-Elect (2011-2012) and President (2012-2013). He has served on the executive board of the South Jackson Civic Center and as President for the Robert E. Lee Elementary School PTO. He is a member of the First United Methodist Church. He previously served as Lay Leader (2009-2013) and also served on the Church’s Administrative Council, SPRC and Finance Committee.
LITIGATION of INTEREST (2010-2023):
Pierre v. James C. Loden, M.D., P.C., Chancery Court of Davidson County, Tennessee (2023); breach of employment contract.
Underwood v. Merit Custom Homes, LLC, Chancery Court of Lincoln County, Tennessee (2023); breach of contract action for the construction of a residential home.
Welch v. Mueller Water Products, Inc., U.S. District Court for the Eastern District of Tennessee (2022); defense of a personal injury action at manufacturing facility in Marion County, Tennessee.
Horton v. Kennedy v. Tutwiler, Chancery Court of Franklin County, Tennessee (2022); action for civil trespass, encroachment and boundary line dispute.
Julien v. Cash Express, LLC, Circuit Court of Putnam County, Tennessee (2022); class action regarding the release of customer personal information to online hackers.
Harrell v. Harrell, Chancery Court of Coffee County, Tennessee (2022); action for reformation of a deed.
The Estate of Virginia Ann Kraft, Chancery court of Grundy County, Tennessee (2022); appointed as Administrator CTA for the Estate.
Rinkes v. CSX Transportation, Inc., Chancery Court of Franklin County, Tennessee (2022); declaratory judgment action to quiet title to abandoned railroad right-of-ways.
Lynch, et.als. v. Barton, et.als., Chancery Court of Franklin County, Tennessee (2022); declaratory judgment action to quiet title to abandoned mineral interest in real property.
Tinsley Sand & Gravel, LLC v. Grundy County, Chancery Court of Grundy County, Tennessee (2022); declaratory judgment action to determine the validity of certain zoning ordinances.
Gilliam v. Medtronic, Inc., U.S. District Court for the Eastern District of Tennessee (2021); defense of medical device manufacturer in products liability action.
Gilliam v. Lakeway Publishers, Inc., Circuit Court of Grundy County, Tennessee (2021); defense of newspaper publisher in libel action.
Midstate Finance Company, Inc. v. Grundy County, Tennessee, et.als., Circuit Court of Grundy County, Tennessee (2021); action related to the issuance of fraudulent titles to motor vehicles.
Hodges Development Properties, LP v. Kalbarri Australia, LLC and Belle Ewart Holdings, LLC, Circuit Court of Bedford County Tennessee (2020), Chancery Court of Shelby County, Tennessee (2021), U.S. District Court for the Western District of Tennessee (2021); successful defense of commercial land owner in contract action.
Bass v. Tinsley Asphalt, LLC, Chancery Court of Franklin County, Tennessee (2019); defense of quarry company in Petition for Writ of Certiorari challenging action of Franklin County Board of Zoning Appeals.
McCall v. Harton Family Partners I, LP, Chancery Court of Coffee County, Tennessee (2018); declaratory judgment action regarding commercial zoning in residential subdivision.
Russell Barnett Ford of Tullahoma, Inc. v. H&S Bakery, Inc., et.als., U.S. District Court for the Easter District of Tennessee (2018); contract action regarding the sale of commercial vehicles and fraudulent wire transfers.
Bass, et.als. v. Harton Family Partners I, L.P., et.als., Chancery Court of Coffee County, Tennessee (2018); defense of commercial and residential land developer.
Layne Christensen Company, et.als. v. City of Franlin, Tennessee, U.S. District Court for the Middle District of Tennessee (2017); declaratory judgment action to determine corporate liability between parent corporation and subsidiary corporation.
Pickering v. Roane County School District and Compass One Services of Tennessee, Circuit Court of Roane County, Tennessee (2017); defense of school district vendor in action alleging sexual assault by school employee.
Tullahoma Board of Education v. City of Manchester, Tennessee; Tennessee Arbitration (2015); declaratory judgment action to determine the allocation of liquor by the drink taxes.
Northgate LLC v. Amacher, et.als. Circuit Court of Coffee County, Tennessee (2015); represent commercial landlord in contract litigation.
Bratten, et.als. v. Tyson, et.als, Circuit Court of Warren County, Tennessee (2014); defense of poultry producer in nuisance and trespass action.
Manchester Board of Education v. Coffee County, TN, Circuit Court of Coffee County, Tennessee (2014); represent board of education in sales tax revenue litigation.
KSHN Hospitality v. Casa Mexico Bar & Grill, Inc., Circuit Court of Coffee County, Tennessee (2014); defense of restaurant group in civil litigation.
Harris v. United State of America, et.als., U.S. District Court for the Eastern District of Tennessee (2014); represent widow in wrongful death medical malpractice action.
Minor v. Lee, Chancery Court of Coffee County, TN (2014); defense insurance agency in contract litigation.
McElroy v. Covidien, et.als., U.S. District Court for the Eastern District of Tennessee (2013); defense verdict for pharmaceutical manufacturer in products liability case.
Casebolt v. Tennessee Valley Ready Mix, LLC, Circuit Court of Coffee County, Tennessee (2013); defense verdict for concrete company in nuisance, trespass and violation of environmental statutes.
Stan McNabb Chevrolet, Inc. v. Westall Architects, Inc., U.S. District Court for the Eastern District of Tennessee (2013); represent automobile dealership in construction litigation.
Southern Community Bank v. Moore, Circuit Court of Coffee County, Tennessee (2013); represent local community bank in civil litigation.
Floyd v. Marsee, Circuit Court of Coffee County, Tennessee (2012); represent widow in wrongful death action.
Executive Protection Bureau Training & Investigation, Inc. v. Bianco, Circuit Court of Coffee County (2012); represent personal security company in civil litigation.
Tullahoma Board of Education v. Coffee County, TN, Circuit Court of Coffee County, Tennessee (2010); represent board of education in sales tax revenue litigation.
American Construction Development, Inc., et.als. v. Kairos Construction, Inc., Circuit Court of Coffee County, Tennessee (2010); represent hotel development group in construction litigation.
Veteto and The Fairmont Group, LLC v. Coffee Medical Group, LLC, Chancery Court of Coffee County, Tennessee (2010); member derivative suit against hospital.
Nutt Construction, LLC v. Eagle Ridge Investments, LLC, Circuit Court of Williamson County, Tennessee (2010); represent irrigation construction company in civil litigation.
Presley v. Coffee County, TN, U.S. District Court for the Eastern District Court of Tennessee (2010); 1983 action for the wrongful death of inmate.
APPELLATE PRACTICE:
Northgate Limited Liability Company v. Amacher;2022-01519-COA-R3-CV (TN Court of Appeals 2022)
Tinsley Properties, LLC v. Grundy County, Tennessee, M2022-01562-COA-R3-CV (TN Court of Appeals 2022).
Northgate Limited Liability Company v. Amacher; 2019 WL 3027906 (TN Court of Appeals 2019)
First Community Financial Services v. Simmons, 2011 WL 2416680 (TN Court of Appeals 2011)
Friends of Tims Ford v. TVA, et.als, 585 F.3d 955 (6th Circuit 2009)
Brady v. Gugler, 2008 WL 836089 (TN Court of Appeals 2008)
Rogers v. Winchester Utilities, 2007 WL 715487 (TN Court of Appeals 2007)
Shahan v. Franklin County, TN, 2003 WL 23093836 (TN Court of Appeals 2003)
Vakili v. Hawkersmith, 2001 WL 1173285 (TN Court of Appeals 2001)
State v. Norman, 1999 WL 695565 (TN Court of Criminal Appeals 1999)
Sherrel v. Food Lion, Inc., 1997 WL 5170 (TN Court of Appeals 1997)
