Cynthia I. Mitchell

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Cynthia I. Mitchell

Member

Email: cmitchell@merkel-cocke.com

Cynthia (Cindy) Mitchell is of counsel with the law firm of Merkel & Cocke, P.A. Ms. Mitchell received her Bachelor of Arts degree from Indiana University in 1981, graduating magna cum laude and Phi Beta Kappa, with an Honors Degree. She received her J.D. from Harvard University Law School in 1981, graduating cum laude.

Ms. Mitchell’s practice includes general litigation, personal injury, commercial litigation, and medical malpractice. She has handled numerous and varied appellate cases. She was a member of the litigation team representing Bob Wilson and Alwyn Luckey against Richard Scruggs of the Fall of the House of Zeus fame.

Ms. Mitchell is admitted to practice before all state courts in Mississippi, the United States Supreme Court, the U.S. District Courts for the Northern and Southern Districts of Mississippi, the Eastern and Western Districts of Arkansas, the Western District of Tennessee, and the Fifth and Eighth Circuit Court of Appeals.

Ms. Mitchell is a member of the Mississippi State Bar Association, Mississippi Association for Justice (President 2016-17; Vice President 2015-16; Treasurer 2014-15; Secretary, 2012-13; Parliamentarian 2011-12), American Association of Justice, and the Coahoma County Bar Association (President, 1990-91). She currently serves on the Rules Advisory Committee to the Mississippi Supreme Court and as a Fellow of the Mississippi Bar Foundation. She served on the Professionalism Committee of the Mississippi Bar Association from 2006-2011 and served as chair of the Mentoring Subcommittee from 2009-2011. She also served on the Women in Profession Committee of the Mississippi Bar Association from 2007-2011. Ms. Mitchell has also served on the Complaint Tribunal of the Mississippi Bar Association.

Ms. Mitchell has been actively involved in both the Mississippi Bar Association and Mississippi Association for Justice. She has served as the representative to the Board of Bar Commissioners for the Eleventh Circuit Court District, as President of the Mississippi Volunteer Lawyers Project and a long time MVLP Board member. She also served as chair of the Amicus Committee of the Mississippi Association for Justice from 2006-2010 and most recently as President of the Association. She continues as a member of the Amicus Committee and has written and assisted on numerous appellate briefs on issues of importance in the civil justice system, including the issue of the constitutionality of caps for noneconomic damages under Mississippi law.

Ms. Mitchell is also active in the community and received the Mississippi State Bar’s Lawyer Citizenship Award in 2012. She serves on the Board of Trustees of Coahoma Community College and the Board of Directors of Clarksdale Animal Rescue Effort and Shelter. She is an avid runner, having run eleven marathons, including Boston, and ultra marathons, and is race director for several local 5k and 8k races.

Areas of Practice

  • Litigation
  • Personal Injury
  • Appellate Litigation

Bar Admissions

  • Mississippi, 1982
  • U.S. Court of Appeals Fifth Circuit, 1982
  • U.S. Court of Appeals Eighth Circuit
  • U.S. District Court Northern District of Mississippi, 1982
  • U.S. District Court Southern District of Mississippi, 1982
  • U.S. District Court Eastern District of Arkansas, 1982
  • U.S. District Court Western District of Arkansas, 1982
  • U.S. District Court Western District of Tennessee
  • U.S. Supreme Court

Education

  • J.D., cum laude, Harvard Law School, 1981
  • A.B., magna cum laude, Indiana University, Bloomington, Indiana, 1978
    • Phi Beta Kappa

Professional Associations and Memberships

  • Mississippi State Bar Association, 1982 – Present
    • Lawyer Citizenship Award, 2012
  • Mississippi Association for Justice, 1985 – Present
    • Beyond the Call of Duty Award, 2011
    • Women’s Caucus, Excellence in Achievement Award, 2012
    • Lifetime Achievement Award, 2016

Honors and Awards

  • Listed in Super Lawyers and Top 50 Women Attorneys in the Mid-South, 2009 – to present
  • AV Preeminent® by Martindale-Hubbell®
  • Mississippi Volunteer Lawyers Project, Beyond the Call of Duty Award, 2010

Published Works

  • “Third Party Practice,” Voir Dire, July/August 1987 (coauthor)

Reported Cases

  • Darby v. U.S., 878 F.Supp.2d 692 (N.D.Miss 2012)
  • Burnwatt v. ENT Consultants NM, PLLC, 47 So.3d 109 (Miss. 2010)
  • Nowlin v. Lafayette County, Miss. 2010 WL 4022762, 3:10CV45 (N.D.Miss. October
    13, 2010)
  • Webster v. USAA Cas. Ins. Co., 2007 WL 2127594, No. 1:05CV715 (S.D.Miss. July
    23, 2007)
  • Luckey v. Scruggs, 2005 WL 5976554, 1:05CV89 (N.D.Miss. May 26, 2005)
  • Wilson v. Scruggs, 371 F.Supp.2d 837 (S.D.Miss 2005)
  • Vaughn v. Monticello Ins. Co., 838 So.2d 983 (Miss. App. 2001)
  • Tatum v. Legg Mason Wood Walker, Inc., 83 F.3d 121, Blue Sky L. Rep. P 74,094, Comm. Fut. L. Rep. P 26,693 (5th Cir. 1996)
  • City of Clarksdale v. Briarwood, Inc., 675 So.2d 1252 (Miss. App. 1995)
  • Tatum v. Smith, 887 F.Supp. 918, Comm. Fut. L. Rep. P 26,474 (N.D.Miss.1995)
  • Williams v. Chism, 164 B.R. 735 (N.D.Miss. 1994)
  • Roberson v. Farm Credit Bank of Texas, 818 F.Supp. 933 (N.D.Miss. 1993)
  • Drake v. Miller, 606 So.2d 611 (Miss. 1992)
  • Senatobia Community Hosp. v. Orr, 607 So.2d 1224 (Miss. 1992)
  • Scott v. Ball, 595 So.2d 848 (Miss. 1992)
  • Long Term Care, Inc. v. Jesco, Inc., 560 So.2d 717 (Miss. 1990)
  • Bernhardt By and Through Bernhardt v. Richardson-Merrell, Inc., 892 F.2d 440 (5th Cir. 1990)
  • Robinson v. Bump, 894 F.2d 758 1990 (5th Cir. 1990)
  • Wickline v. U.S. Fidelity & Guar. Co., 530 So.2d 708 (Miss. 1988)
  • Blalock v. U.S., 695 F.Supp. 874, 62 A.F.T.R.2d 88-5803, 88-2 USTC P 9495 (N.D.Miss.1988)
  • Sacco v. Gordon, 515 So.2d 906 (Miss. 1987)
  • Mississippi Farm Bureau Mut. Ins. Co. v. Garrett, 487 So.2d 1320 (Miss. 1986)
  • Burdette v. Crump, 472 So.2d 959 (Miss. 1985)
  • Walters v. Walters, 469 So.2d 1260 (Miss. 1985)
  • Howard v. Young, 450 So.2d 90 (Miss. 1984)
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