facebook linked in twitter
close

C. Mitchell Brown

Partner

Meridian
1320 Main Street
17th Floor
Columbia, SC 29201
mitch.brown@nelsonmullins.com

C. Mitchell Brown is a partner of Nelson Mullins Riley & Scarborough LLP practicing in Columbia, principally in the areas of appellate law, business litigation, bad faith insurance defense, regulatory practice, and premises liability. He has also represented attorneys in disciplinary proceedings. He is the leader of the Firm's Appellate Practice Group.

C. Mitchell Brown is a partner of Nelson Mullins Riley & Scarborough LLP practicing in Columbia, principally in the areas of appellate law, business litigation, bad faith insurance defense, regulatory practice, and premises liability. He has also represented attorneys in disciplinary proceedings. He is the leader of the Firm's Appellate Practice Group.

C. Mitchell Brown is a partner of Nelson Mullins Riley & Scarborough LLP practicing in Columbia, principally in the areas of appellate law, business litigation, bad faith insurance defense, regulatory practice, and premises liability. He has also represented attorneys in disciplinary proceedings. He is the leader of the Firm's Appellate Practice Group.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Experience

  • Handled more than 150 appeals and made over 90 oral arguments in appellate courts
  • Retained by clients to assist with post-trial motions and/or appeals, including the following from South Carolina courts:
    • $327 million unfair trade practice order (Spartanburg County)
    • $97.5 million tort verdict (Charleston County)
    • $38 million products liability verdict (Richland County)
    • $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)
    • $17.2 million breach of fiduciary duty verdict (Greenville County)
    • $15 million bad faith verdict (Florence County) 
    • $14.5 million bad faith verdict (Greenville Division, USDC)
    • $13.1 million bad faith verdict (Charleston Division, USDC)
    • $12.3 million medical malpractice verdict (Richland 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)
    • $8.1 million unfair trade practices verdict (Greenville County)
    • $7.2 million insurance coverage judgment (Horry County)
    • $6 million defamation verdict (Beaufort 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)
    • $3.4 million negligence verdict (Fairfield County)
    • $3.0 million malpractice verdict (Horry County)
    • $3 million uninsured motorist verdict (Darlington County)
    • $2.05 million auto accident judgment (Charleston County)
    • $2 million breach of fiduciary duty verdict (Richland County)
    • $1.82 million breach of fiduciary duty verdict (Beaufort County)
    • $1.27 million breach of contract verdict (Beaufort County)
    • $1.2 million false imprisonment verdict (Charleston County)
    • $1.22 million construction judgment (Dorchester County)
  • Represented both Republican and Democratic Governors in matters before the South Carolina Supreme Court
  • Represented three South Carolina Governors in matters before the South Carolina Supreme Court
  • Represented the South Carolina Speaker of the House of Representatives, the South Carolina Treasurer, the Comptroller General, and other governmental officials before the South Carolina Supreme Court
  • Represented the South Carolina Attorney General before the South Carolina Supreme Court
  • Obtained grants of rehearings from the S.C. Supreme Court
  • Prevailing counsel in several multi-million dollar verdict appeals
  • Took matters that were lost at the S.C. Court of Appeals and obtained reversals from the S.C. Supreme Court
  • Was among counsel where a $3.5 billion industry was at risk over whether video poker constituted a lottery
  • Experienced with extraordinary writ practice, as well as original jurisdiction actions in the South Carolina Supreme Court  
  • Successfully argued to overrule prior precedent
  • Won a jury trial verdict of nearly $2 million as plaintiff's counsel
  • Was among counsel for a plaintiff corporation winning a verdict of more than $20 million in a nonjury trial
  • 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
  • Successfully argued to have statutes declared unconstitutional
  • Handled cases involving trade secret misappropriation, copyright and trademark infringement, and patent infringement
  • Defended banks, finance companies, and drug companies in class actions in defeating class certifications and obtaining dismissals
  • Served as primary counsel in multi-million dollar consumer class actions
  • Served as defense counsel in cases involving claims of racially discriminatory pricing by insurance companies
  • Experienced in bad faith insurance defense and was counsel in appellate matters involving claims of bad faith and in coverage cases
  • Handled many kinds of premises liability cases, including claims of inadequate security, and argued appellate cases in premises liability

Selected Cases

  • Allegro v. Scully, et al., 733 S.E.2d 114 (S.C. Ct. App. 2012) (court reversing $2 million+ verdict based on evidentiary error).
  • American Petroleum Inst. v. S.C. Dep't of Revenue, 677 S.E.2d 16 (S.C. 2009) (court striking down legislation as unconstitutional).
  • Bowman v. State Roofing Co., 616 S.E.2d 699 (S.C. 2005) (court reversing Worker’s Compensation Commission ruling and finding premium service company’s insurance cancellation procedures proper under statutory scheme).
  • Branham v. Ford Motor Co., 701 S.E.2d 203 (S.C. 2010) (court ordering new trial, reversing $31 million products liability verdict).
  • Cockrell v. Hillerich & Bradsby Co., 611 S.E.2d 505 (S.C. 2005) (court setting forth conservative personal jurisdiction analysis in affirming trial court’s decision to dismiss brain damage case).  
  • Crossmann Cmtys. of N.C., Inc. v. Harleysville Mut. Ins. Co., 717 S.E. 2d 589 (S.C. 2011) (court reversing $7.2 million judgment in insurance coverage case, in part; adopts "time on risk" allocation theory).
  • Doctors Hosp. of Augusta, L.L.C. v. CompTrust AGC Workers' Comp. Trust Fund, 636 S.E.2d 862 (S.C. 2006) (court ruling that South Carolina Worker's Compensation Commission had no jurisdiction over fee disputes relating to out-of-state medical services by out-of-state provider). 
  • Edge v. State Farm Mut. Auto. Ins. Co., 623 S.E.2d 387 (S.C. 2005) (court adopting the “filed rate” doctrine expressly for the first time in South Carolina). 
  • Eldeco, Inc. v. Charleston County Sch. Dist., 642 S.E.2d 726 (S.C. 2007) (court construing construction contract form used in numerous construction projects).
  • Farmer v. Monsanto Corp., 579 S.E.2d 325 (S.C. 2003) (court ruling 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 (S.C. 2001) (court declining 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 Reg'l Hosp., Inc., (S.C. 2005) (court affirming directed verdict in medical malpractice wrongful death case, holding that evidence exclusion was harmless error). 
  • Henderson v. Allied Signal Inc., 644 S.E.2d 724 (S.C. 2007) (court adopting Lohrmann test for proving actionable asbestos exposure in South Carolina).
  • Howell v. United States Fid. & Guar. Ins. Co., 636 S.E.2d 626 (S.C. 2006) (in a case of first impression, court holding 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).  
  • Jackson v. Sanford, et al., 731 S.E. 2d 722 (S.C. 2011) (court ruling that Governor's veto message was unconstitutional).
  • Jamison v. Anderson Oil, 684 S.E.2d 168 (S.C. 2009) (court setting aside $30 million verdict set aside, ruling that trial court should have granted directed verdict as to plaintiff's agency theory).
  • McCullough v. Goodrich & Pennington Mortg. Fund, Inc., 644 S.E.2d 43 (S.C. 2007) (in a case of first impression, court holding 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 Med. Ctr., 597 S.E.2d 776 (S.C. 2004) (court setting aside $10.5 million verdict, ruling that trial court should have granted directed verdict as to plaintiff’s informed consent and agency theories).
  • Schulmeyer v. State Farm Fire & Cas. Co., 579 S.E.2d 132 (S.C.  2003) (in a case involving a nationwide split of authority, court ruling that South Carolina law does not require insurers to pay for diminution in market value of adequately repaired vehicles). 
  • Simmons v. Mark Lift Indus., Inc., 622 S.E.2d 213 (S.C. 2005) (in a case involving a nationwide split of authority, court ruling that South Carolina will maintain the most conservative of the nationally available “successor liability” tests).  
  • Sulton v. HealthSouth Corp., 734 S.E.2d  641 (S.C. 2012) (court reversing $12.3 million medical malpractice verdict).
  • Watson v. Ford Motor Co., 699 S.E. 2d 169 (S.C. 2010) (court reversing $18 million products liability sudden acceleration verdict and directing that judgment as a matter of law be entered for defendant).
  • Wilson v. Style Crest Prods., Inc., 627 S.E.2d 733 (S.C. 2006) (in a case involving a nationwide split of authority, court ruling that class cannot recover under South Carolina law for allegedly defective mobile home anchoring systems when no injury as a result of such anchors was proven).
  • WMW, Inc. v. American Honda (Ga. 2012) (Georgia Supreme Court restrictively defining relevant market area).

Pro Hac Vice Admissions:

  • U.S. District Court for the Northern District of Georgia
  • U.S. District Court for the Eastern District of Kentucky
  • U.S. District Court for the Eastern District of Texas
  • Georgia Supreme Court
  • Florida, Kentucky, and North Carolina state courts

 

Education

  • University of South Carolina School of Law, JD (1989)
  • University of South Carolina, BA, Political Science, cum laude (1986)

Admissions

  • South Carolina
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. District Court for the District of South Carolina

Clerkships

  • Law Clerk, The Honorable Jean H. Toal, Former Chief Justice, Supreme Court of South Carolina

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • Chair, Committee to Review Appellate Court Rules (2016–present)
  • Past Chair, Appellate Advocacy Committee, DRI -The Voice of the Defense Bar (appointed September 2013)
  • Former Vice Chair, Appellate Advocacy Committee, DRI - The Voice of the Defense Bar (2013)
  • Former Program Chair, Seminar on Appellate Advocacy, San Diego, Calif., DRI -The Voice of the Defense Bar (2009)
  • Former Vice Program Chair, Seminar on Appellate Advocacy, Orlando, Fla., DRI -The Voice of the Defense Bar (2008)
  • Former Chair, Business Relations Subcommittee of Appellate Advocacy Committee, DRI -The Voice of the Defense Bar (2012)
  • Executive Committee of Attorneys Committee, National Center for State Courts (2012–present)
  • President, South Carolina Supreme Court Historical Society (2011–present)
  • Program Committee, National Foundation for Judicial Excellence Symposium (2013)
  • Fellow, American Academy of Appellate Lawyers
    • Member, Meetings Committee
  • Fundraising Chair, Committee for Statue Honoring Judge Waites Waring (2013)

  • Assistant counsel to disciplinary counsel, S.C. Supreme Court (1997–1999)

  • S.C. Supreme Court Board of Commissioners on Grievances and Discipline (1993–1996)

  • Appointed to task force to improve court rules and procedures (2011)

  • Appointed to task force to implement e-filing in South Carolina (2012)

  • American Academy of Appellate Lawyers

  • Appellate Advocacy Committee, DRI -The Voice of the Defense Bar

  • Amicus Committee, DRI - The Voice of the Defense Bar

  • Appellate Practice Committee, American Bar Association

  • National Center for State Courts

  • Litigation Section, American Bar Association

  • Insurance Practice Group of the American Law Firm Association

  • Charter Member, Academy of Hospitality Industry Attorneys

  • National Foundation for Judicial Excellence

  • American Bar Foundation

  • Nelson Mullins Executive Committee (2007, 2009, and 2011)

  • Nelson Mullins Operations and Finance Committee (chairman, 2005–2006; vice chairman, 2004)

  • Nelson Mullins Associates Committee (chairman, 2000–2003; member, 1996–1998)

  • Nelson Mullins Marketing and Planning Committee (1993–1995)

What's New
Idea Exchange
Top