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
Admitted in Massachusetts. Not admitted in Washington D.C.
Experience in Action
- 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.
- The Best Lawyers in America®, Commercial Litigation, 2022, 2023
- The Hon. Juan R. Torruella, United States Court of Appeals for the First Circuit
- The Hon. Patti B. Saris, United States District Court for the District of Massachusetts
News & Insights
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- Boston University (M.A., 2007)
- Major: International Relations
- Boston University School of Law (J.D., magna cum laude, 2006)
- Boston University Law Review, managing editor
- University of Massachusetts Amherst (B.A., summa cum laude, 2001)
- U.S. District Court, District of Massachusetts
- U.S. Court of Appeals, 1st Circuit
- U.S. Court of Appeals, 2nd Circuit
- U.S. Court of Appeals, 9th Circuit
- U.S. Court of Appeals for Veteran Claims