Mitch counsels clients in complex litigations spanning multiple practice areas, including class actions, product liability, mass torts, consumer fraud, automotive, antitrust, environmental law and toxic torts. He uses the analytical skills honed while pursuing a master’s degree in mathematics to translate complex concepts into comprehensible ideas. Mitch is a thought leader and has become a go-to attorney on legal and scientific issues at the trial and appellate levels. He is retained in numerous “bet-the-company” litigations.
Often Mitch has received praise from courts and clients. One court said of a brief he had written, “The research was extraordinary in its depth and breadth. . . . I was struck by how detailed and careful your brief is. Whoever wrote, I commend them for all of the effort that went into it.” Another court remarked, “There is little doubt based on counsel’s wide experience and intelligent briefing in this case that they possess knowledge of the applicable law.” Clients have described Mitch’s briefs as “beautifully written” a “great read,” and commented on one appellate brief, “I have read the brief at least two dozen times and every time, I am in awe at the work that went into every detail!” Clients have also praised Mitch’s oral advocacy skills, with acclaim including that he “did top-notch amazing” and that he “was beyond fabulous.”
In order to better serve clients, Mitch is at the forefront of novel legal arguments and stays abreast of legal developments and trends. He publishes a monthly newsletter, Developments in Class Action Law, that summarizes all class action decisions issued the previous month. Mitch also writes a monthly guest analysis column for Law360’s Expert Analysis section, providing a deep dive into recent appellate class action decisions.
In addition, Mitch is heavily involved in Shook’s pro bono practice. He led an appellate team challenging Kansas precedent on the ability of grandparents to appeal for custodial rights and argued before the Kansas Court of Appeals and the Kansas Supreme Court. He routinely assists on civil rights cases involving class action allegations, including a challenge to how the San Jose Police Department responded to peaceful protests following the death of George Floyd and a case alleging the Wichita Police Department’s “gang database” is unconstitutional. He has also represented pro bono clients at trial—in one case he prevailed on a motion for acquittal at the close of the State’s evidence and in another he successfully argued for the court to accept a not guilty by reason of insanity defense.
Mitch graduated first in his law school class from Creighton University after earning a Master of Arts Degree in mathematics from the University of Iowa. After law school, Mitch familiarized himself with the court system during his two-year clerkship with The Hon. Gary A. Fenner of the U.S. District Court for the Western District of Missouri.
Representative Matters
Product Defect Litigation
Involved in all aspects of the firm’s Roundup litigation, working on numerous trial teams, including Shelton v. Monsanto Company, Circuit Court of Jackson County, Kansas City, Missouri (2022), where the jury returned a complete defense verdict in the first Roundup trial in Missouri.
Drafted appellate brief and argued before the Michigan Court of Appeals for Zoetis, the world’s largest animal health company. Prevailed at the trial court on four independent grounds, and affirmed on appeal based on a unique economic loss doctrine argument.
Defends class action claims brought under the Missouri Merchandising Practices Act alleging that grain-free dog food increases the chance of dogs developing dilated cardiomyopathy, a heart disease.
Consumer Fraud Litigation
Defends putative nationwide class action involving allegations that Yankee Candle falsely represents that its candles are safe for indoor use and materially omits information that these candles, when burned, emit carcinogens.
Defends multiple putative nationwide automobile class action matters involving claims that certain vehicles decelerate without warning, that soy-based wires attracts rodents who chew on the wires, that rear windshields spontaneously broke, and that certain engines are defectively designed because they allow fuel to contaminate the engine oil.
Defends putative class action claims brought under state deceptive practices laws. Some examples include false labelling of concentrated floor cleaning products, Topo Chico Hard Seltzer Margarita, and natural soap products.
Environmental and Toxic Tort Litigation
Served as group counsel for over 70 defendants in CERCLA litigation involving site with over $2 billion in remediation costs at issue.
Represented clients facing CERCLA litigations in Wisconsin and New Jersey as well as claims brought under equivalent state laws in Washington and Alaska.
Worked on multiple matters for DuPont and Chemours related to PFAS litigations.
Antitrust Litigation
Defended against antitrust class action filed against The Williams Company involving claims by numerous plaintiff groups from multiple states seeking hundreds of millions of dollars related to the reporting of natural gas prices. Mitch developed novel dispositive arguments and used his class action acumen to draft unique arguments for a Rule 23(f) appeal.
Publications
Class Actions At The Circuit Courts: March Lessons (Published Monthly), Law360, March 19, 2024.
Developments in Class Action Law (Shook Monthly Publication Summarizing all Published Class Action Decisions), April 2021 – Present.
ABA 50-State Survey on Toxic Exposure Claims, Kansas Chapter, 2016 (with Vanessa Dittman, Justin Smith and Alan D. Mathis).
Re-examining the Dormant Commerce Clause Analysis in Jones v. Gale after National Federation of Independent Business v. Sebelius, 46 Creighton Law Review, 721, 2013.