State Bar of Texas, 1979
Mitchell McFarland is known for his reputation of taking complex business cases to trial and handling them successfully. With over 31 years’ experience, Mitch’s practice covers a broad array of complex commercial litigation, products liability claims, construction litigation, partnership disputes and personal injury litigation. He has extensive experience with disputes in the oil and gas industry representing producers, pipelines and downstream players. Mr. McFarland also has extensive products liability experience. He was a member of a national trial team defending a manufacturer of silicone breast implants and participated in four successful jury trials for his client on those matters. He has also served as Texas regional counsel in welding fume litigation, hernia patch claims, contact lens solution claims and vaginal mesh claims. Mitch was named a Texas Super Lawyer in Business Litigation. He was an Instructor at the International Association of Defense Counsel Trial Academy in 2004 and the Director of the IADC Satellite Trial Academy held in Houston in 2009. He has appeared as a speaker at the DRI Preeminent Trial Lawyer Seminars and the DRI Products Liability Seminar. Mitch is also a frequent speaker on business litigation and lost profits claims and has published several articles on those issues.
Commercial Litigation / Energy, Oil and Gas / Natural Gas and Power trading disputes / Commercial Fraud / Construction Claims / Construction Defects / Fiduciary Duty / Insurance Coverage / Lender Liability / Officer and Director Liability / Personal Injury / Product Liability / Professional Liability / Toxic Tort / Wrongful Death / Antitrust / Appellate
University of Texas, J.D., with honors, 1979
University of Texas, B.B.A. in accounting, with highest honors, 1975
U.S. District Court, Southern, Northern, Eastern and Western Districts of Texas; U.S. Court of Appeals, Fifth Circuit, Eleventh Circuit; U.S. Supreme Court
Professional Memberships and Activities:
State Bar of Texas; Houston Bar Association; American Bar Association — Member, Litigation Section, Former Subcommittee Chairman; International Association of Defense Counsel; Texas Association of Defense Counsel; Defense Research Institute; Instructor, International Association of Defense Counsel Trial Academy, Stanford University (2004); Panel Member, DRI Conference: Becoming a Preeminent Trial Lawyer (Chicago, IL, Oct. 2005)
Publications and Seminars:
Speaker – State Bar of Texas Advanced Civil Trial course, August 27, 2010 (Dallas) and October 22, 2010 (Houston), “Proving Difficult Damages”
Speaker – DRI Products Liability Seminar(April 2010), “The Jury is Listening — Things You Don’t Know But Think You Do”
Instructor, International Association of Defense Counsel Trial Academy, Stanford University (2004)
Director, Int’l Association of Defense Counsel Satellite Trial Academy conducted at South Texas College of Law, January 2009.
Panel member, International Association of Defense Counsel, Voir Dire Demonstration. (Annual Meeting July 2007).
Panel member, DRI – Defense Research Institute’s Preeminent Lawyer – Superstars of Trial Cross Examination of Plaintiff’s “Black Box” and Accident Reconstruction expert; Chicago, IL, September 28 – 30, 2006.
Panel member, Defense Research Institute’s Becoming a Preeminent Lawyer; Direct Examination of Plaintiff’s Product Defect and Warnings Experts; Cross Examination of Defendant’s Product Defect and Warnings Expert, Chicago, IL, September 29 to October 1, 2005.
University of Houston Law Foundation CLE Programs – Proving Lost Profits Damages (January 2007); Proving Difficult Damages (November 2007, April 2009); Proving Commercial Damages (March 2008, July 2009);
McFarland, D. Mitchell, Big Numbers, Litigation , Summer 2009, Vol. 35, No. 4 (ABA Litigation Section)
Staff, Rick W., McFarland, D. Mitchell, Maxwell, William E.; Considerations for the Evaluation and Management of Lost Profit Claims, XXV Corporate Counsel Review, 116 (May 2006)
McFarland, D. Mitchell, Williams, Stacy L., Schumacher, Amy J., Applicability of the Uniform Commercial Code to Sale of Electric Power in the Wholesale Power Marketing Context, XXI Corporate Counsel Review, 251 (May 2002)
Download – Speaker – DRI Products Liability Seminar (April 2010), “The Jury is Listening — Things You Don’t Know But Think You Do” (paper and PowerPoint)