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C. Mitchell Brown
Partner

Office
Columbia - Meridian, 17th Floor
1320 Main Street
Columbia, SC 29201
Tel: 803.255.9595
Fax: 803.255.9025
Other Contact Details
Email Contact
Areas of Law
Appellate
Business Litigation
Consumer Financial Services Litigation
Insurance
Premises Liability
Technology Law
Education
University of South Carolina School of Law
University of South Carolina
Bar Admissions
South Carolina

C. Mitchell Brown is a partner of Nelson Mullins Riley & Scarborough LLP practicing in Columbia in the areas of appellate law, business litigation, class actions, consumer litigation, technology litigation, bad faith insurance defense, and premises liability.
 
A member of the South Carolina Bar, Mr. Brown is admitted to practice before the U.S. Court of Appeals for the Fourth and Sixth Circuits, and the U.S. District Court for the District of South Carolina. He has also been admitted pro hac vice to the U.S. District Court for the Eastern District of Kentucky, the U.S. District Court for the Northern District of Georgia, the U.S. District Court for the Eastern District of Texas, and in state courts in Kentucky and North Carolina.
 
Appellate Practice
 
Cases
Mr. Brown has handled more than 150 appeals and made over 50 oral arguments in appellate courts. He has been retained by a variety of clients to assist them with post-trial motions and/or appeals, many times after multi-million dollar verdicts, some of which are listed below: 
 
  • $31 million products liability verdict (Hampton County)
  • $30 million slander verdict (Berkeley County) 
  • $30 million dram shop verdict (Bamberg County)  
  • $29 million medical malpractice verdict (Sumter County) 
  • $18 million products liability verdict (Greenville County)
  • $15 million bad faith verdict (Florence County) 
  • $10.5 million informed consent medical malpractice verdict (Charleston County)
  • $9 million negligence verdict (Darlington County)
  • $8.5 million construction defect judgment (Horry County)
  • $7.2 million insurance coverage judgment (Horry County)
  • $4.5 million construction defect judgment (Horry County)
  • $4.45 million malpractice verdict (York County)
  • $3.97 million libel verdict (Charleston County)
  • $3.45 million professional negligence verdict (Richland County)
  • $2 million breach of fiduciary duty verdict (Richland County)
  • $1.82 million breach of fiduciary duty verdict (Beaufort County)
  • $1.2 million false imprisonment verdict (Charleston County)

Mr. Brown has represented both Republican and Democratic Governors in matters before the South Carolina Supreme Court. He has taken matters lost at the S.C. Court of Appeals and obtained reversals from the S.C. Supreme Court, and he was among counsel where a $3.5 billion industry was at risk over whether video poker constituted a lottery. He has a great deal of experience with extraordinary writ practice.  

Below is a representative selection of cases argued by Mr. Brown in the South Carolina Supreme Court: 
 
  • American Petroleum Inst. v. South Carolina Dept. of Revenue, 677 S.E.2d 16 (2009) (Court strikes down as unconstitutional legislation adverse to American Petroleum Institute). 
  • Bowman v. State Roofing Co., 616 S.E.2d 699 (2005) (Court reverses Worker’s Compensation Commission ruling and finds premium service company’s insurance cancellation procedures proper under statutory scheme). 
  • Cockrell v. Hillerich & Bradsby Co., 611 S.E.2d 505 (2005) (Court sets forth conservative personal jurisdiction analysis in affirming trial court’s decision to dismiss brain damage case).  
  • Doctors Hosp. of Augusta, L.L.C. v. CompTrust AGC Worker's Compensation Trust Fund, 371 S.C. 5, 636 S.E.2d 862 (2006) (Court rules South Carolina Worker's Compensation Commission has no jurisdiction over fee disputes relating to out-of-state medical services by out-of-state provider). 
  • Edge v. State Farm, 623 S.E.2d 387 (2005) (Court adopts the “filed rate” doctrine expressly for the first time in South Carolina). 
  • Eldeco, Inc. v. Charleston County Sch. Dist., 372 S.C. 470, 642 S.E.2d 726 (2007) (Court construes construction contract form used in numerous construction projects in favor of defendant). 
  • Farmer v. Monsanto, 579 S.E.2d 325 (2003) (Court rules that South Carolina’s “door closing” statute prohibits nationwide class actions in South Carolina state courts).
  • Garvin v. BI-LO, Inc., 541 S.E.2d 831 (2001) (Court declines to permit premises liability case to go forward on merchandise display theory absent notice that the display in the store at the time was dangerous). 
  • Guffey v. Columbia/Colleton Regional Hosp., 612 S.E.2d 695 (2005) (Court affirms directed verdict in wrongful death case, holding evidence exclusion harmless error). 
  • Henderson v. Allied Signal Inc., 373 S.C. 179, 644 S.E.2d 724 (2007) (Court rules in favor of defendants and adopts Lohrmann test for proving actionable asbestos exposure in South Carolina).
  • Howell v. United States Fid. & Guar. Ins. Co., 370 S.C. 505, 636 S.E.2d 626 (2006) (In a case of first impression Court holds that South Carolina law does not require an insurer providing only voluntary liability coverage for hired and non-owned automobiles to make an offer of under-insured motorist coverage).  
  • McCullough v. Goodrich & Pennington Mort. Fund, Inc., 373 S.C. 43, 644 S.E.2d 43 (2007) (In a case of first impression, Court holds that South Carolina law does not recognize a secured creditor's right to bring a claim against a third party for causing a reduction in value of the secured party's collateral). 
  • Newell v. Trident Medical Center, 597 S.E.2d 776 (2004) ($10.5 million verdict set aside when Court rules directed verdict should have been granted as to plaintiff’s informed consent and agency theories). 
  • Schulmeyer v. State Farm, 579 S.E.2d 132 (2003) (In a case involving a nationwide split of authority, Court rules in favor of State Farm and holds in class action that South Carolina law does not require insurers to pay for diminution in market value of adequately repaired vehicles). 
  • Simmons v. Mark Lift Industries, Inc., 622 S.E.2d 213 (2005) (In a case involving a nationwide split of authority, Court rules in favor of Terex and holds that South Carolina will maintain the most conservative of the nationally available “successor liability” tests).  
  • Wilson v. Style Crest Products, Inc., 627 S.E.2d 733 (2006) (In a case involving a nationwide split of authority, Court rules in favor of the defendants in class actions, finding that class cannot recover under South Carolina law for allegedly defective mobile home anchoring systems where no injury as a result of such anchors was proven). 

Other
Prior to joining the firm, Mr. Brown served as law clerk to S.C. Supreme Court Chief Justice Jean H. Toal. He was appointed by the S.C. Supreme Court and served as assistant counsel to disciplinary counsel from 1997-99. He served on the Supreme Court’s Board of Commissioners on Grievances and Discipline from 1993-96. Mr. Brown is listed in The Best Lawyers In America for appellate practice (2006-2010).  He is listed as a "Super Lawyer" in appellate practice in South Carolina (2008-2009). 

In 2008, The American Academy of Appellate Lawyers unanimously elected Mr. Brown to membership in the prestigious organization. There are currently fewer than 300 Fellows in the Academy nationwide. Additionally, he is a member of the Defense Research Institute (Commercial Litigation Committee and Appellate Practice Committee; former vice program chair, seminar on Appellate Advocacy in Orlando, Florida, in 2008; program chair for upcoming seminar in San Diego, California in 2009). Mr. Brown is also a member of the American Bar Association (Appellate Practice Committee, Litigation Section).  Mr. Brown has also spoken at "Bridge the Gap" at the University of South Carolina School of Law regarding Practicing Before Appellate Courts in South Carolina.

Business and Other Litigation

Mr. Brown has handled a variety of litigation for corporations suing and defending against other corporations. As plaintiff’s counsel, he has won a jury trial verdict of nearly $2 million, and was among the counsel for a plaintiff corporation winning a verdict of more than $20 million in a nonjury trial. He has obtained multi-million dollar verdicts/settlements in cases involving unfair trade practice claims, breach of fiduciary duty claims, breach of contract accompanied by a fraudulent act, and other claims. As defense counsel in business litigation cases, Mr. Brown has won summary judgments, numerous dismissals and achieved other successful results. In technology litigation, Mr. Brown has successfully handled cases involving trade secret misappropriation, copyright and trademark infringement, and patent infringement. He has counseled the utility industry and governmental entities regarding potential liability concerning radioactive waste and flood damage.

Mr. Brown has successfully defended various banks, finance companies, and drug companies in class actions, defeating class certification in some cases and achieving dismissal in others. He has been primary counsel in numerous multi-million dollar consumer class actions. Mr. Brown serves as defense counsel in several cases involving claims of racially discriminatory pricing by insurance companies. He has experience with bad faith insurance defense, and was counsel in several important appellate matters involving claims of bad faith and in coverage cases. Mr. Brown has handled numerous premises liability cases of all types. Mr. Brown has also argued several appellate cases in the premises liability area. Mr. Brown has made several presentations on premises liability issues. His presentations have included “Risky Business: A Security Workshop,” January 1998; “Premises Liability Litigation in South Carolina,” June 1996; and “Winning Themes in Premises Security Litigation,” January 1996. Mr. Brown is a member of the Insurance Practice Group of the American Law Firm Association and a charter member of the Academy of Hospitality Industry Attorneys. Mr. Brown is listed in The Best Lawyers In America for commercial litigation (2003-2010).

Publications

Mr. Brown authored “Approaching your Appellate Practice from the Practical Perspective and Keeping an Eye on the View from the Other Side of the Bench” published by DRI, February 2008. He is also a co-author of “Preserving Errors: Get Your Appeal Ducks in a Row,” South Carolina Lawyer, July 2004 and a co-author of the South Carolina section of the 2004 Insurance Law Compendium, published by ALFA International. Mr. Brown is co-author of “Polishing Your Appellate Advocacy,” South Carolina Lawyer, January/February 1995, with former S.C. Supreme Court Chief Justice David W. Harwell. He was on the editorial board of Chief Justice Toal’s treatise Appellate Practice in South Carolina (1999).  

Firm Roles and Education 

Mr. Brown’s leadership roles in the Firm include his election to the Executive Committee in 2007 and again in 2009, Operations and Finance Committee (chairman, 2005-06), (vice chairman, 2004), Associates Committee (chairman, 2000-03), (member, 1996-98), Marketing and Planning Committee (member, 1993-95), and numerous ad hoc committees. 

Mr. Brown earned a Juris Doctor from the University of South Carolina School of Law in 1989 and a Bachelor of Arts in Political Science, cum laude, from the University of South Carolina in 1986.