- South Shore Baseball, LLC v. DeJesus, 11 N.E.3d 903 (Ind. 2014)
- Mockbee v. Humphrey Manlift Co., 2012 IL App (1st) 093189, 973 N.E.2d 376 (1st Dist. 2012)
- Stephen Wartalski v. JSB Construction and Consulting Company and JMS Electric, Inc., 384 Ill.App.3d, 892 N.E.2d 122 (1st Dist. 2008)
- Home Insurance Company v. Cincinnati Insurance Company, 213 Ill.2d 307, 821 N.E. 2d 269 (2004)
- Travelers Indemnity Company v. American Casualty Company, 337 Ill. App.3d 435, 786 N.E.2d 582 (1st Dist. 2003)
- Grove Fresh Distributors, Inc. v. New England Apple Products Co., Inc., 969 F.2d 552 (7th Cir. 1992)
- In re Salmonella Litigation, 198 Ill. App.3d 809, 556 N.E. 2d 593 (1st Dist. 1990)
- Apogee Enterprises, Inc. v. Hans Rosenow Roofing Co., Inc., 1986 WL 15883 (N.D. Ill., Mar. 11, 1986)
With more than 40 years of trial experience in state and federal courts, Mitch has a national reputation for evaluating, defending and settling complex wrongful death and catastrophic personal injury cases. Although he routinely defends a wide range of tort litigation, Mitch’s clients consistently turn to him with complicated, difficult and dangerous cases, many involving sympathetic plaintiffs and high damages exposure. He uses his experience and professional judgment to provide his clients with frank and thoughtful evaluations, and effective strategies for the defense or resolution of these cases. For those reasons, Mitch is regularly called on to provide the Firm’s surplus and excess insurer clients with “second opinions” of case valuations by their other counsel.
Mitch has defended insured individuals, healthcare professionals, contractors, drug and device manufacturers, nursing homes, homeowners associations, and nonprofit organizations against all types of personal injury claims. This includes catastrophic bodily injury and death, products liability, premises liability, construction liability and professional liability actions. He also has represented insurers in general liability, excess and surplus lines coverage litigation.
Mitch has tried jury cases to verdict in eight different state and federal courts, and he has argued appeals before the Illinois Court of Appeals, the Illinois Supreme Court and two United States Courts of Appeal.
Mitch is a founding partner of Litchfield Cavo LLP, served on its Executive Committee for the first decade following the Firm’s 1998 organization, and served as its General Counsel through 2020.
Practices
Education
- University of Michigan Law School, JD, 1980
- Order of the Coif
- University of Illinois at Urbana-Champaign, BS, Political Science, 1977, magna cum laude
- Phi Beta Kappa
- University Bronze Tablet Award
Admissions
- Illinois
- United States District Courts: Central District of Illinois, Northern District of Illinois, Southern District of Illinois, Eastern District of Michigan, Eastern District of Wisconsin
- United States Courts of Appeal: Seventh Circuit, Eighth Circuit
- Trial Bar for the Northern District of Illinois
Professional Memberships
- American Bar Association
- Section of Litigation, including Insurance Coverage Committee
- Section of Tort and Insurance Practice, including Insurance Coverage Committee
- Chicago Council of Lawyers
- Board of Governors, Former Member
- State Court Practices Committee, Former Co-Chair
- Judicial Evaluation Committee Investigator
- Chicago Bar Association
- Joint Bar Association Judicial Evaluation Committee
Languages
- English
Related News
Presentations/Publications
- Author, “Targeted Tender to One Insurer Bars Contribution by a Co-Insurer,” Illinois Insurance Law Update, for distribution to clients of Litchfield Cavo LLP (February 2000)
- Author, “Recent Refinements to the Moorman Economic Loss Rule: Revisiting the ‘Sudden and Dangerous Occurrence’ Exception,” Illinois Tort Law Update, for distribution to private clients (June 1997)
- Author, “Recent Developments in Third-Party Claims for Contribution Against Plaintiffs’ Employers: The Braye Decision,” Illinois Tort Law Update, for distribution to private clients (April 1997)
- Presenter, “Insured-Insurer Conflicts of Interest – Illinois Case Materials,” for “Illinois Insurance Law,” Continuing Legal Education Annual Seminars, sponsored by Lorman Business Centers, Inc. (May 1994 and May 1995)
- Author, “New Illinois Tort Reform Measures,” Legislative Update, for distribution to private clients (March 24, 1995)
- Co-Author, “Anatomy of Historic Salmonella Litigation: For the Defense,” Chicago Daily Law Bulletin, 29th Annual Law Day Special Issue (April 25, 1987)
- Panelist, “Mastering Section 2-615 Motions to Dismiss,” Chicago Bar Association Young Lawyers Section annual seminar (October 20, 2009)
- Presenter, “Sue or Be Sued: Initial Considerations in Filing Declaratory Judgment Actions,” in-house seminar to claims personnel of Northland Insurance Companies (January 1999)
- Presenter, “Emerging Theories in Gun Products Litigation,” in-house seminar to underwriting and claims personnel of Northland Insurance Companies (December 1999)
- Presenter, “Illinois Coverage Law,” in-house seminar to claims personnel of Northland Insurance Companies (January 1998)
- Presenter, “The Challenge to Illinois Defense Counsel of Insured-Insurer Conflicts of Interest,” Continuing Legal Education Annual Seminars on Illinois Insurance Law, and Annual “Illinois Insurance Law” Seminar, sponsored by Lorman Business Centers, Inc., Chicago, IL (May 12, 1994, and May 18, 1995)
- Presenter, “Contents of The Reservation of Rights Letter,” in-house seminar to claims personnel to claims personnel at Aetna Casualty & Surety Company’s Central Environmental Claims Office, Indianapolis, IN (May 1994)
- Speaker, “Punitive Damages,” Annual Educational Seminar of Insurance Women of Suburban Chicago, Inc., Schaumburg, IL (May 11, 1993)
- Speaker, “Insurance Law Issues in the 90’s,” Insurance Law Committee of the Chicago Bar Association, Chicago, IL (September 1992)
- Speaker, “Punitive Damages,” Aurora Association of Insurance Women, Geneva, IL (February 16, 1992)
- Presenter, “Professional Liability Coverage Issues,” Continuing Claims Education Seminar presented to Claims Personnel at Crum & Forster Managers Corporation, Chicago, IL (1992)
- Presenter, “Antitrust Law,” Continuing Claims Education Seminar to Claims Personnel at Crum & Forster Managers Corporation, Chicago, IL (1991)
- Presenter, “Forum and Jurisdiction Issues in Declaratory Judgment Actions,” Continuing Claims Education Seminar to Accountants Professional Liability Unit Claims Personnel at Crum & Forster Managers Corporation, Chicago, IL (May 1990)
Recognition
- Martindale-Hubbell AV Preeminent® Peer Review Rated™ attorney, recognized since 2009 for the highest level of professional excellence
- Previously named to the Illinois Super Lawyers list 2006–2007, annually 2009–2018, then again annually since 2021 in the practice areas of Civil Litigation, Personal Injury Defense, and Insurance Coverage
- Selected as an Illinois Leading Lawyer annually since 2004 by peers in the practice areas of Insurance and Reinsurance law, and Personal Injury Defense law, a designation received by fewer than five percent of all lawyers licensed in Illinois
- Listed among Chicago’s Top Rated Lawyers in the practice areas of Litigation, Personal Injury and Commercial Litigation for two consecutive years