John R. Mitchell

Practices

• Product Liability Litigation
• Antitrust, Competition & Distribution
• White-Collar Criminal / Internal Investigations

Professional Experience

John is a partner in the firm's Product Liability Litigation, White-Collar Crime and Business Litigation practice groups. An experienced first-chair trial lawyer, he has tried many significant toxic tort and high-profile criminal matters to verdict in federal and state courts throughout the United States. John has tried more than 50 jury trials and dozens of bench trials in his career.

John's product liability work emphasizes toxic torts, traditional product claims and injuries to persons. He has served as first-chair trial defense counsel, representing firm clients in a wide array of jurisdictions in industry-wide toxic tort litigation involving asbestos, vinyl chloride, welding rods, lead paint, and other chemicals and products. In addition, he has defended many intentional tort cases concerning myriad workplace safety issues.

John also has extensive first-chair trial experience defending individuals charged in federal and state courts. He handles traditional white-collar criminal matters, internal corporate investigations, environmental crimes, grand jury investigations and related administrative proceedings. With a comprehensive understanding of federal and state criminal laws, he also counsels public and privately held corporations and individuals subject to governmental scrutiny. Many of his greatest successes are also the least publicized, especially those that resolved highly sensitive matters without criminal charges or adverse publicity.

Prior to joining Thompson Hine, John served as an assistant prosecuting attorney for Cuyahoga County, Ohio, and as a member of its elite Major Trials Unit, leading homicide, rape and public corruption cases. He also handled complex grand jury investigations of large institutions and individuals allegedly involved in criminal activity. Additionally, John's experience and track record led to his appointment as a special prosecutor in many high-profile homicide, public corruption and organized-crime cases.

John has extensive appellate experience, having successfully argued more than 30 appeals in the Sixth, Eighth and Ninth District Appellate Courts of Ohio.

Court Admissions
Ohio
United States Court of Appeals for the Sixth Circuit
United States District Court, Northern District of Ohio
United States District Court, Southern District of Ohio
United States District Court, Eastern District of Michigan

Education

• Capital University Law School, J.D., 1996, Capital University Law Review
• The Ohio State University, B.A., 1992

• CIVIL
  
  
• Mass Tort and Chemical
• Provided national representation for many chemical companies and a trade association in connection with product liability and industry-wide conspiracy claims associated with exposure to vinyl chloride.
• Provided national representation for multiple international shipowners in industry-wide maritime claims stemming from alleged exposure to asbestos.
• Defended an international chemical company in personal injury claims arising from alleged exposure to pesticide containing Fipronil.
• Represented an international manufacturer of heavy equipment in industry-wide litigation associated with welding rods.
  
  
• Intentional Tort
• Represented a major U.S.- based automobile manufacturer in premises liability/workplace intentional tort claims associated with an employee’s workplace injury while making repairs at one of its facilities
• Represented a global powder coating manufacturer in premises liability/workplace intentional tort claims associated with extruder burns.
• Represented an international tree trimming business in intentional tort claims stemming from the death of an employee in a bucket truck accident.
  
• Represented a global manufacturer in premises liability/workplace intentional tort claims arising from an employee’s injury while working with molten magnesium.
  
  
• Product Liability
• Defended an international manufacturer of chainsaws and cutoff saws against claims of substantial personal injury.
• Represented machine tool manufacturers in multiple product liability matters involving claims of personal injury.
• Defended a safety control products manufacturer against multiple claims arising from substantial personal injuries.
• Represented a major U.S.-based automobile manufacturer in connection with claims arising from the rollover of a sport utility vehicle.
• Defended a major U.S.-based automobile manufacturer against claims arising from the rollover of a conversion van.
• Represented a major U.S.-based automobile manufacturer in connection with claims of negligence arising from a company car accident.
• Defended a major U.S.-based automobile manufacturer against a claim regarding injuries allegedly caused by gas struts attached to a hood.
  
  
• Accident Investigations
• Investigated an accident involving an employee killed while improperly operating a bucket truck.
• Investigated an accident in which an employee was killed on a jobsite by a falling tree.
  
  
• Business Litigation
• Secured a $3.1 million judgment against a former general manager of a division of a Fortune 500 motion control equipment manufacturer in an intricate employee embezzlement case involving the theft of more than $400,000 in company funds.
  
  
• CRIMINAL
  
  
• RICO, Fraud, Bribery, Public Corruption, Theft, Money Laundering
• Defended a general manager of an international construction company charged with conspiracy and Hobbs Act violations arising from efforts to obtain a $26 million energy performance contract; resulting in client’s acquittal on all charges after a nine-day trial in federal court.
• Defended a multimillion-dollar mortgage company charged with violations of Ohio’s RICO, theft, money-laundering and record-tampering statutes, resulting in dismissal of all charges within 10 days of indictment.
• Defended the largest public corruption case in Ohio history, involving the six-week trial of a rare-coin dealer charged with violation of Ohio’s RICO, theft, money-laundering, record-tampering and forgery statutes, stemming from the management of two rare coins partly funded by the Ohio Bureau of Workers’ Compensation.
• Secured pretrial dismissal of the federal wire fraud indictment of a nationally known hedge fund analyst charged with multimillion-dollar theft and embezzlement.
• Represented a high-ranking law enforcement official who was a target in an investigation of election violations committed by a long-time elected county sheriff, resulting in no charges.
• Defended an individual after plea -convicted of money-laundering conspiracy for misuse of U.S. Department of Agriculture Rural Utility Service funds and obtained a downward departure from federal sentencing guidelines of more than 20 levels, from a substantial sentence of incarceration to a sentence of probation.
• Defended an individual involved in a money-laundering conspiracy involving allegations of misuse of leased vehicles, securing a non-jail sentence.
• Defended a mechanical contracting company and its president in a bribery investigation arising from an award of United States Post Office construction contracts and obtained a downward departure from federal sentencing guidelines to a sentence of probation.
• Represented a multibillion-dollar retailer in an action to recover forfeited funds from a state prosecutor’s office and other governmental agencies.
• Defended an internal medicine specialist in a wire fraud case related to theft from a global drugstore chain and obtained a downward variance from federal sentencing guidelines from incarceration to probation.
• Represented a mortgage banking company specializing in servicing residential mortgage loans  with regard to allegations of criminal housing code violations before the Cleveland Municipal Housing Court.
• Represented a construction company in a criminal building code matter in Cleveland Municipal Court, securing dismissal of all charges.
• Represented an individual under investigation for felony theft charges, resulting in no charges.
  
  
• Environmental Violations
• Defended a plating company and its president against Clean Water Act (CWA) prosecution for illegal discharges of hazardous materials and obtained a downward departure from federal sentencing guidelines from incarceration to probation.
• Secured avoidance of criminal charges against the general manager of a $10 billion national fertilizer producer targeted in federal and state CWA investigations stemming from discharge of chemical fertilizer.
• Conducted an investigation for an international shipping company regarding allegations of employee violations of the CWA.
  
  
• Internal Investigations, Witness Representation & Subpoena Issues
• Conducted an internal investigation for an international chemicals company, leading to the indictment and conviction of an employee who stole more than $700,000 from the company.
• Conducted an internal investigation of a multimillion-dollar nonprofit agency to determine if public funds were misused in the administration of programs.
• Conducted an internal investigation of a multi-state electrical contractor with regard to claims that employees were engaged in bribery related offenses.
• Represented a multibillion-dollar foundation during an inquiry by a state attorney general’s office regarding its management of another charitable foundation’s asset endowment funds.
• Conducted an internal investigation for a nonprofit health care organization regarding solicitation of a bribe from a government employee.
• Represented a Fortune 500 packaging corporation in response to a U.S. Securities and Exchange Commission inquiry regarding securities comprising a portion of its employee retirement portfolio.
• Represented one of North America’s largest plastics compounders and resins distributors in response to a federal grand jury subpoena arising from a claim of trade secret theft.
• Represented a $97 billion telecommunications services provider in response to a state grand jury subpoena.
• Represented numerous witnesses in federal and state criminal investigations.
  
  
• Non-White -Collar Matters
• Secured avoidance of criminal charges for an individual arrested for child endangerment.
• Secured avoidance of criminal charges for an individual facing felony vandalism charges.
• Secured avoidance of federal and state criminal charges for an individual arrested for illegal activities aboard a coast-to-coast flight.
• Represented a prominent businessman as a potential witness in a homicide investigation.
  
  
• Administrative
• Defended an internal medicine specialist in an Ohio Medical Board proceeding, securing a below -guidelines sentence that resulted in avoiding suspension of the client’s medical license.
• Obtained plating company and its owners’ removal from GSA’s Excluded Parties List System, enabling company to contract with federal agencies.
• Defended multiple individuals and corporations in both federal and state debarment proceedings.
• Defended a booster involved in a National Collegiate Athletic Association investigation of a football program at a large Midwestern university.
• Defended a plating company in an administrative action brought by the Northeast Ohio Regional Sewer District for environmental violations.
• Defended an individual involved in a residency dispute with a local school municipality.
• Represented members of an international union in an action brought against local leadership by a monitoring governmental agency.

• "Seeking a Downward Departure for Small Business Impact" · For The Defense, July 2011
• "Dodd-Frank Act Expands Securities Whistleblower Incentives" · Competition, Antitrust & White-Collar Crime and Business Litigation Update, July 30, 2010
• "Supreme Court Limits Reach of 'Honest Services' Statute" · Competition, Antitrust & White-Collar Crime Update, June 25, 2010
• "Appeals Court Declines to Apply Stricter Requirements; Competent Medical Authority to be Determined at Time of Filing" · Mass & Toxic Tort Update, July 31, 2009
• "Nanotechnology Litigation: Factors to Consider When Advising Your Clients" · IADC Product Liability Newsletter, May 18, 2009
• "Nanotechnology Regulation Slowly Beginning to Appear" · Product Liability Update, April 9, 2009
• "Supreme Court Limits Strict Liability for Nonmanufacturing Suppliers of Defective Products" · Product Liability Update, November 20, 2008
• "Ohio Supreme Court Finds Retroactivity of Statute Constitutional Results in Dismissals of Numerous Pending Asbestos-Related Claims" · Mass & Toxic Tort Alert, October 28, 2008

• “After the Motion: Attacking and Impeaching Intercepted Communications at Trial", Federal Bar Association, March 30, 2012
• “Lessons of the Lorax: Jury Selection in Difficult Cases” (with Stuart Simon from American Jury Centers), Federation of Defense and Corporate Counsel Winter Meeting, March 6, 2012
• "A Whole Trial in Three Hours (repeat presentations on voir dire)", Federal Bar Association, September 27, 2011, September 17, 2010, September 18, 2009
• "Nanotechnology Litigation in the Future: An Ounce of Prevention Is Worth a Pound of Cure", Materials and Energy Summit, November 12, 2010, April 21, 2010
• "Protecting Your Company From Future Nanotechnology Litigation", Ohio Innovation Summit, April 22, 2009
• "Nano-The Emerging Legal Landscape", Ohio Nanotechnology Summit, April 9-11, 2008
• "Blinded By The Light: Trying the High-Profile Case in the Midst of a Media Frenzy", California, 2007
• "Motion Law: From Basic to Advanced Procedures", Lorman Seminar, 2006