- Represented medical device manufacturer in multi-district litigation: Member of the motions team.
- Represented manufacturer in multi-district litigation: Responsible for Wave discovery, including plaintiff depositions, treating physician depositions, and fact witness depositions; and drafting dispositive and Daubert motions.
- Represented U.S. manufacturer at federal district court and appellate court levels resulting in important law regarding Rule 702 / Daubert evidentiary standards, alternative design requirements, and failure analysis.
- Represented South Korean manufacturer in allegedly defective airbag litigation resulting in claimed traumatic brain injury.
- Represented hospital to defense verdict in wrongful death medical malpractice litigation: Part of in-court trial team.
- Represented Japanese manufacturer in wrongful death design defect action.
- Represented Japanese manufacturer in action alleging defective AEB system in a vehicle resulting in paralysis, including managing fact discovery, defending 30(b) deposition, preparing and arguing motions, coordinating with national counsel, and negotiating settlement.
- Represented U.S. automobile manufacturer in wrongful death rollover litigation, including taking fact witness depositions, preparing motions, assisting with appellate briefing, and coordinating with national counsel.
- Represented automobile manufacturers in cases alleging defects in stability and handling, glass, roof, restraint systems, crashworthiness, and breach of warranty claims, including managing the discovery process, taking depositions, and drafting motions.
- Represented industrial equipment manufacturer in products liability wrongful death litigation, including taking fact witness depositions, preparing dispositive motions, coordinating with national counsel, and negotiating settlement.
- Represented large national retailer in personal injury action involving an alleged forklift accident.
- Represented defendants in cases involving premises liability claims, trucking accidents, and general negligence claims.
- Represented client in multi-million-dollar condemnation action.
Overview
Mitch's practice focuses on civil litigation defense with a primary emphasis on product litigation. Mitch has litigated cases in various areas including personal injury/wrongful death actions; products liability (automotive defense, industrial product defense, and drug and medical device defense); motor vehicle and trucking accidents; medical malpractice; premises liability; commercial litigation; and condemnation.
Mitch has represented clients in large-scale litigation in West Virginia's state courts and in federal courts, including class action lawsuits and cases involved in multi-district litigation.
Mitch is involved in all aspects of litigation, beginning with the development of initial case strategy, continuing throughout fact witness and expert discovery and depositions, and extending through trial and post-trial motions. Mitch has extensive experience in the preparation of dispositive and Daubert motions.
Prior to joining Thomas Combs & Spann in 2020, Mitch was an Associate at Flaherty Sensabaugh Bonasso PLLC, where he worked from 2014 to 2020.
Representative Legal Work
Publications
- The West Virginia Supreme Court of Appeals Has Clarified Plaintiff's Burden of Proof for a Strict Liability Design Defect Claim, DTCWV Defender (Fall 2024)
- Can A Defendant Identify A Nonparty Who Is Potentially At Fault After The 180-Day Deadline Set Forth In W. Va. Code §55-7- 13d(a)(2), DTCWV Litigation Digest (2024).
- Hybrid Witnesses: Proper Disclosure of the In-House Expert Witness, USLAW Magazine Spring/Summer (2018).
- The West Virginia Supreme Court of Appeals Has Clarified Plaintiff's Burden of Proof for a Strict Liability Design Defect Claim, DTCWV Defender (Fall 2024).
- Can A Defendant Identify A Nonparty Who Is Potentially At Fault After The 180-Day Deadline Set Forth In W. Va. Code §55-7-13d(a)(2), DTCWV Litigation Digest (2024).
- No Alternative: A Plaintiff In A Products Liability Action In West Virginia Must Prove That A Feasible, Alternative Design Was Available At The Time The Product At Issue Was Manufactured, DTCWV Litigation Digest (2017).
Awards & Honors
- Listed, West Virginia Rising Stars (2019 - 2025)
- Senior Editor, Volume 116 of the West Virginia Law Review
- Senior Editor of the Year
- Associate Editor, Volume 115 of the West Virginia Law Review
- Patrick Duffy Koontz Award
- CALI Award for Excellence: Torts I; Torts II; Legal Reasoning, Research & Writing; Civil Procedure: Jurisdiction; Business Torts; Pre-Trial Litigation; Interviewing, Counseling, Negotiation, Mediation; Appellate Advocacy; Sales & Secured Transactions
- Certificate of Excellence, Legal Reasoning, Research & Writing
- Concord University English Major of the Year Award (2011)
- Concord University Pre-Law Student of the Year (2011)
- Concord University Student Service Award (2009)
Bar Admissions
- United States Court of Appeals for the Fourth Circuit (2018)
- United States District Court for the Northern District of West Virginia (2017)
- West Virginia Supreme Court of Appeals (2014)
- United States District Court for the Southern District of West Virginia (2014)
Representative Cases
- Evans v. Bluefield Hosp. Co., LLC, No. 17-1090, 2018 WL 6016028 (W. Va. Nov. 16, 2018)
- CP #1109, LLC v. Cont'l Motors, Inc., 741 F. App'x 946 (4th Cir. 2018)
- CP #1109, LLC v. Cont'l Motors, Inc., No. 5:19-CV-00501, 2019 WL 3940995 (S.D.W. Va. Aug. 20, 2019)
- State ex rel. Ford Motor Co. v. McGraw, 237 W. Va. 573, 788 S.E.2d 319 (2016)
- Nease v. Ford Motor Co., 848 F.3d 219 (4th Cir. 2017)
- Billings v. Lowe's Home Centers, LLC, No. 2:18-CV-00039, 2019 WL 1869936 (S.D.W. Va. Apr. 24, 2019)
- Canterbury v. FCA US LLC, No. 2:21-cv-00017, 2021 U.S. Dist. LEXIS 50259 (S.D. W. Va. Mar. 17, 2021)
Other Legal Experience
- Associate, Flaherty Sensabaugh Bonasso (2014-2020)
- Summer Associate, Flaherty Sensabaugh Bonasso (2012-2013)
- U.S. Supreme Court Litigation Clinic, WVU College of Law (2013-2014)
- Teaching Assistant, Legal Reasoning, Research & Writing, WVU College of Law (2012-2013)Teaching Assistant, Legal Reasoning, Research & Writing, WVU College of Law (2012-2013)
Professional Involvement
- Defense Trial Counsel of West Virginia - Product Liability Subcommittee, Vice Chair
- Defense Research Institute