Nolan Mitchell

Diligently resolving complex business disputes

Nolan Mitchell represents public and private companies and individuals in a wide range of complex business disputes across the United States at both the trial and appellate level. He represents:

• Automotive industry clients
• Original equipment manufacturers (OEM)
• Other franchisors in litigation involving their distribution networks

• Defends and advises clients in disputes involving franchise terminations, add-points and relocations, advertising campaigns, sales incentive and bonus programs, allocation systems, and audit and warranty claims.
• Defends securities and consumer class actions. Nolan has successfully obtained dismissal of numerous shareholder and derivative claims alleging fraud, misrepresentation and breach of fiduciary duty, as well as consumer claims under the Telephone Consumer Protection Act and various state consumer protection and wage acts.
• Regularly litigates cases involving Section 230 immunity and various aspects of internet and tort law.

• Obtained dismissal under Section 230 of the Communication Decency Act of negligence, misrepresentation and fraud claims brought against a major online marketplace for care services arising from injuries sustained as a result of caregiver abuse.
• Obtained dismissal of Section 16 claims against a national media company in a case resulting in the leading Second Circuit precedent on cross-class matching of equity security transactions.
• Obtained dismissal of class action claims under Massachusetts Wage Act in first decision to recognize and apply a presumption against the extraterritorial application of state law.
• Successfully negotiated and obtained court approval of multi-million dollar TCPA class settlement for Boston-based pharmaceutical company.

• Successfully represented an automobile manufacturer and luxury vehicle company in federal court in Illinois and New York defending claims brought by insolvent terminated dealers which resulted in franchisors regaining control of franchises.

• Obtained dismissal of claims challenging an automobile manufacturer's advertising campaign under the New Jersey Consumer Protection Act, followed by affirmance on appeal by the New Jersey Appellate Division and denial of certification by the New Jersey Supreme Court.