Mitch is a member of Butler Snow’s litigation department and practices within the Product Liability, Toxic Tort and Environmental and Commercial Litigation groups. He regularly represents clients in high-exposure traumatic injury, wrongful death, intentional tort, environmental, and complex commercial matters, and has served as national punitive damages counsel to a Fortune 250 transportation company.  Mitch also devotes a significant part of his practice to combatting fraud and abuse in mass and class actions.  Mitch represents clients nationally, and has appeared in state or federal courts in Virginia, Maryland, North Carolina, West Virginia, Kentucky, Georgia, Florida, Missouri, New York, and California.      ​

Biography – View PDF Bio

Associations

Bar Admissions

  • Virginia, 2005
  • U.S. District Courts
    • Virginia: Eastern, Western
  • U.S. Court of Appeals
    • 4th Circuit
  • U.S. Supreme Court
  • U.S. Bankruptcy Court for the Eastern District of Virginia

Distinctions

  • Super Lawyers®
    • Virginia Rising Stars: Class Action and Business Litigation, 2013-2019
  • The Legal 500 U.S.
    • Leading Lawyer, Transport: Rail and Road, Virginia
  • Transportation Editorial Board, Law360, 2018

Education & Honors

  • Washington & Lee University School of Law, J.D., magna cum laude, 2005
    • Member, Order of the Coif
  • University of Virginia, B.A., History and Foreign Affairs, with distinction, 2002

Experience

  • Representation of Class I railroad in civil RICO, fraud, and conspiracy action against lawyers and doctor for prosecution of fraudulent asbestos claims.  The company prevailed on all claims at trial, see CSX Transp., Inc. v. Peirce, 974 F. Supp. 2d 927 (N.D. W. Va. 2013), and, following litigation against one defendant for fraudulent transfers, ultimately recovered $7.3 million.
  • Representation of industrial products company in civil RICO litigation against personal injury lawyers for misrepresentation and concealment of evidence in mesothelioma litigation, including successful defense of federal declaratory judgment action seeking to block claims.
  • Representation of Class I railroad, including as punitive damages counsel, in high-exposure traumatic injury, wrongful death, and class/mass actions arising from grade crossing, trespasser, and derailment-related accidents.
  • Representation of Class I railroad in mass asbestos litigation resulting in the dismissal of over 1,400 claims.
  • Representation as lead trial counsel for corporate and individual defendants in action alleging false arrest, intentional infliction of emotion distress, and punitive damages.
  • Representation, including as trial counsel, of leading pork producer in nuisance litigation.
  • Representation of defendants in state and federal class actions and multidistrict litigation relating to plaintiff attorney misconduct.
  • Representation of food packaging component supplier in international arbitration and federal litigation arising from large-scale food safety recall.
  • Representation of national flooring supplier in multidistrict litigation concerning Chinese manufactured laminate flooring.
  • More...

Papers, Presentations, & Publications

  • Author, “Justices’ Asbestos Decision Poses Fair Notice Problem,” Law360, April 25, 2019.
  • Speaker, “Ethical Lessons from CSX Transportation v. Peirce,” 2018 Annual Association of Transportation Law Professionals, May 2018.
  • Presenter, “2018 Transportation Intermediaries Association Capital Ideas Conference & Exhibition," April 10, 2018. 
  • Author, “Liability Doesn’t Have To Mean Punitive Damages Too,” Law360, August 18, 2017.
  • Presenter, “Punitive Damages: Statuses, Case Law & Trends in Insurance & Risk Mitigation Practices,” 2017 ATA Forum for Motor Carrier General Counsel, July 18, 2017.
  • Co-Author, “Making ‘Made In USA’ Labels Great Again,” Law360, December 2, 2016.
  • Author, “Tobacco Trial Sheds Light on Punitive Damages Process,” Law360, November 29, 2016.
  • Co-Author, “DOT to crack down on hazmat rail shippers,” Journal of Commerce, August 17, 2016.
  • Co-Author, “The Supreme Court’s Reprehensibility Factors Don’t Work in Product Liability Cases,” Bloomberg BNA Product Safety & Liability Reporter, March 2, 2016.
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