John R. Mitchell

Practices

• Product Liability Litigation
• Business Litigation
• Competition, Antitrust & White-Collar Crime

Professional Experience

John is a partner in the firm's Product Liability Litigation, White-Collar Crime and Business Litigation practice groups. He is an experienced first-chair trial lawyer, having tried both significant toxic tort and high-profile criminal matters to verdict in both federal and state courts. In his career, he tried over 50 jury trials and dozens of bench trials.

John's product liability practice primarily involves toxic torts, products and injuries to persons. He has served as first-chair trial counsel for clients involved in asbestos litigation, trying cases throughout the United States. John has also defended clients involved in other industry-wide toxic tort litigation, such as vinyl chloride, welding rod and lead paint in many different jurisdictions. In addition, he has defended multiple intentional tort cases involving a variety of workplace safety issues.

John also has first-chair trial experience defending individuals charged in federal and state courts. He has extensive experience handling federal and state white-collar criminal matters, internal corporate investigations, environmental crimes, grand jury investigations and related administrative proceedings. He possesses a comprehensive knowledge and understanding of federal and state criminal law and regularly counsels publicly and privately held corporations and individuals subject to governmental scrutiny. Many of his greatest successes are also the least publicized, namely resolving sensitive matters without criminal charges or adverse publicity.

Prior to joining Thompson Hine, John served as an assistant prosecuting attorney for Cuyahoga County. He was a member of the elite Major Trials Unit, where he first-chaired homicide, rape and public corruption cases. He also handled complex grand jury investigations of large institutions and individuals alleged to have been involved in criminal activity. Because of his experience, John has been appointed as a special prosecutor in 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
• Provided national representation for multiple chemical companies and the industry trade association in 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.
• Represented international manufacturer of heavy equipment in industry-wide litigation associated with welding rods.
  
  
• Intentional Tort
• Represented domestic automobile manufacturer in premises liability/workplace intentional tort claims associated with employee’s workplace injury while performing repairs to facility.
• Represented international powder coating corporation in premises liability/workplace intentional tort claims associated with workplace extruder burn.
• Represented international tree trimming company in intentional tort claims stemming from death of employee in bucket truck accident.
• Represented international manufacturer in premises liability/workplace intentional tort claims stemming from employee’s injury while working with molten magnesium.
  
  
• Product Liability
• Represented major domestic automobile manufacturer in product liability claims involving rollover of sport utility vehicle.
• Represented international equipment manufacturer of chain saws and cut-off saws in product liability claims involving substantial personal injuries.
• Represented major domestic automobile manufacturer in product liability claims involving rollover of conversion van.
• Represented numerous machine tool manufacturers in product liability matters.
• Represented safety control products manufacturer in multiple product liability claims involving substantial personal injuries.
• Represented major domestic automobile manufacturer in claims of negligence arising from company car accident.
• Represented major domestic automobile manufacturer in claim arising out of injuries allegedly caused by gas struts attached to hood.
  
  
• Accident Investigations
• Performed accident investigation for company involving an employee killed while improperly operating a bucket truck.
• Performed accident investigation for company regarding employee killed on job site by falling tree.
  
  
• Business Litigation
• Secured a $3.1 million judgment against the former general manager of a division of a Fortune 500 motion control equipment manufacturer in an intricate employee embezzlement case involving the theft of over $400,000 in company funds.
  
  
• CRIMINAL
  
  
• RICO, Fraud, Bribery, Public Corruption, Theft, Money Laundering
• Defended 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 and secured acquittal on all charges after nine-day trial in federal court.
• Defended a multimillion-dollar mortgage company charged with violations of Ohio’s RICO, theft, money-laundering and tampering with records statutes, securing dismissal of all charges within 10 days of indictment.
• Defended the largest public corruption case in Ohio history, involving a 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 funded, in part, by the Bureau of Workers' Compensation.
• Secured a pre-trial dismissal of federal wire fraud indictment of a nationally known hedge fund analyst charged with multimillion-dollar theft and embezzlement.
• Represented high-ranking law enforcement official who was a target in the investigation of election violations committed by long-time elected county sheriff, resulting in no charges.
• Defended an individual after plea convicted of money-laundering conspiracy for misuse of USDA RUS funds, obtaining a 20+ level downward departure from U.S.S.G. sentence of incarceration to sentence of probation.
• Defended an individual involved in money-laundering conspiracy involving allegations of misuse of leased vehicles, securing a non-jail sentence.
• Defended mechanical contracting company and company president in bribery investigation arising out of award of United States Post Office construction contracts, obtaining downward departure to sentence of probation.
• Represented a multibillion-dollar retailer in an action to recover forfeited funds from state prosecutor's office and other governmental agencies.
• Defended an internal medicine specialist in a wire fraud case related to theft from an international drug store chain, obtaining a downward variance from U.S.S.G. sentence of incarceration to probation.
• Represented a mortgage banking company that specializes in the servicing of residential mortgage loans in Cleveland Municipal Housing Court with regard to allegations of criminal housing code violations.
• Represented a construction company in criminal building code matter in Cleveland Municipal Court, securing dismissal of all charges.
• Represented individual under investigation for felony theft charges, resulting in no charges.
  
  
• Environmental Violations
• Defended plating company and company president in Clean Water Act prosecution for illegal discharges of hazardous materials, obtaining downward departure from sentence of incarceration to sentence of probation.
• Secured avoidance of criminal charges against the general manager of a $10 billion national fertilizer producer that was a target in federal and state Clean Water Act investigations stemming from the spill of chemical fertilizer.
• Conducted investigation for an international shipping company regarding allegations of employee violations of the Clean Water Act.
  
  
• Internal Investigations, Witness Representation, Subpoena Issues
• Conducted internal investigation for an international chemicals company, leading to indictment and conviction of an employee who stole more than $700,000 from the company.
• Conducted internal investigation of a multimillion-dollar nonprofit agency to determine if public funds were misused in administration of programs.
• Conducted internal investigation of multi-state electrical contractor with regards to claims that employees were engaged in bribery related offenses
• Represented a multibillion-dollar foundation during an inquiry by the state attorney general’s office regarding its management of another charitable foundation’s asset endowment funds.
• Conducted internal investigation for nonprofit health care organization regarding solicitation of bribe from governmental employee.
• Represented Fortune 500 packaging corporation in response to SEC inquiry regarding securities comprising a portion of its employee retirement portfolio.
• Represented North America's largest plastics compounder and resins distributor in response to a federal grand jury subpoena arising out of a claim of theft of trade secrets.
• 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
• Secured avoidance of criminal charges for an individual arrested for child endangering.
• 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 coast-to-coast flight.
• Represented a prominent local businessman who was a potential witness in a homicide investigation.
  
  
• Administrative
• Defended an internal medicine specialist in Ohio Medical Board procedure, securing a below guidelines sentence from the Medical Board that resulted in avoiding a suspension of the client's medical license.
• Defended multiple individuals and corporations in both federal and state debarment proceedings.
• Defended booster involved in NCAA investigation of football program at large Midwestern university.
• Defended a plating company in administrative action brought against it by Northeast Ohio Regional Sewer District for environmental violations.
• Defended individual involved in residency dispute with local school municipality.
• Represented members of international union in action brought against leadership of local by 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
• Note "Attorneys Representing Death Row Clients: Client Autonomy Over Personal Opinions" · 25 Capital U.L. Rev. 3, 1996

• 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, April 21, 2010; November 12, 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, Cleveland, Ohio, 2006