Joe S. McMillen

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Los Angeles and Orange County Insurance Bad Faith, ERISA and Long-Term Disability Insurance Claims Denial Attorney

Joe S. McMillen Associate
McKennon Law Group PC
20321 SW Birch Street, Suite 200
Newport Beach, California  92660
Phone: 949-387-9595
Fax: 949-385-5165
Email: jm@mckennonlawgroup.com
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Joe McMillen is an attorney in the Newport Beach office of McKennon Law Group PC. He is a UCLA-educated, summa cum laude graduate. Mr. McMillen has two decades of experience litigating all types of insurance coverage and bad faith claims, including numerous ERISA-governed disputes over disability and life insurance benefits. He also specializes in litigating complex business disputes and contracts, which he has done throughout his 20 plus year career. Mr. McMillen has taken countless depositions, participated in numerous mediations, arbitrations and trials, and has significant experience in every aspect of the litigation process, including as lead trial counsel. For example, he successfully “first-chaired” an ERISA disability trial that resulted in an almost seven figures payment for his client, an executive vice president for a global, publicly traded company. He is admitted to all federal and state courts in California, has represented clients before the Ninth Circuit Court of Appeal, and has been admitted pro hac vice in Hawaii, Kansas, Missouri, Nevada, New York, South Carolina, Utah and Washington.

Prior to joining the firm, Mr. McMillen was a partner at Hines Carder, an insurance coverage and business litigation firm with a national practice. He spent eight years there where he defended insurance companies against claims brought by their policyholders under commercial general liability, homeowners, commercial property, disability, automobile and other types of insurance policies. That gives him a unique, inside perspective on insurance company strategy, and thus how to win a policyholder’s lawsuit.

For another six years, Mr. McMillen practiced at a boutique IP insurance law firm with a national reputation and practice. There he represented Fortune 500 policyholders in state and federal courts throughout the nation in insurance coverage and extra-contractual disputes involving underlying intellectual property, antitrust, business tort, and employment claims. He also litigated life insurance claims, as well as trademark, trade dress, trade secret, copyright, false advertising, unfair competition, and general business matters.

Mr. McMillen has represented numerous publicly traded companies and prominent people in a broad range of industries in insurance coverage matters. For example, he has represented Hewlett Packard, Michael Bolton, Novell, ASICS, Garmin, Live Nation, Nationwide Insurance, New York Life Insurance Company and Masco Corporation. He was on a team of lawyers which recovered a $51.6 million judgment for a Fortune 100 company in relation to an underlying antitrust, patent and trademark dispute.

He has successfully drafted, argued and won numerous dispositive motions ending multi-million dollar insurance coverage and bad faith lawsuits. He was a lead attorney in published cases where he prevailed on summary judgment that clarified novel issues of insurance contract law, for example, Ohio Cas. Ins. Co. v. Biotech Pharmacy, Inc., 547 F. Supp. 2d 1158 (D. Nev. 2008) and JACO Environmental, Inc. v. AISLIC, 2009 WL 1591340 (W.D. Wash. May 19, 2009), and in numerous other published insurance coverage cases, both those governed by ERISA and by state law. He helped reverse a $5 million judgment in an insurance contract dispute at the second trial, after he took the case over from a different law firm post-appeal.

Presently, Mr. McMillen represents policyholders in insurance coverage litigation, primarily on disability insurance, life insurance, property & casualty, liability insurance and ERISA claims. He represents insureds, claimants, beneficiaries, businesses and other consumers who believe that an insurance company improperly denied their claim for insurance benefits. He also continues to practice in the area of general business litigation.

Mr. McMillen is a regular contributing author to the firm’s California Insurance Litigation blog and Disability Insurance blog.

Education

  • University of San Diego School of Law, J.D., 1994
  • University of California at Los Angeles, B.A., Business/Economics, 1991, summa cum laude, top 1% class rank

Professional Memberships

  • State Bar of California (1994)

Articles & Publications

  • Decision Marks the End of an Era for Employee Benefit Plans, Los Angeles Daily Journal (May 25, 2017)
  • When is Insurer’s Delay a Breach?, Los Angeles Daily Journal (November 27, 2015)
  • Supreme Court Ramps Up Interest in ERISA, Los Angeles Daily Journal (November 6, 2015)
  • Examine the “Reasonable Expectations of the Insured,” Los Angeles Daily Journal (September 22, 2015)
  • When Insurers Rescind, They Must Act Fast, Los Angeles Daily Journal (April 1, 2015)