Mike Nelson

Partner

Mike-Nelson-Esq.png

Email Mike at mike@nelson.legal or call (212) 233-5083.

 

Mike Nelson is a mobility nerd, trial attorney, and strategist who works at the intersection of transportation, tech, insurance, and law. His clients are businesses focused on disruption affecting these sectors. He draws on his lifelong experience in the mobility sector to focus on regulatory and legal risks as he assists his clients to embrace their future as they work through the introduction of Advanced Mobility Tech (AMT). 

Many professionals claim to understand these unusual risks. But few, if any, have the 40 years of experience Mike has enjoyed as an auto body mechanic, strategist, business owner, insurance industry leader, regulatory attorney, and litigator.  The foundation of Mike’s professional life is built upon 28 years as a commercial litigator and regulatory attorney. Before that, he spent 12 years in the insurance industry. Mike’s litigation experience includes class action, multidistrict litigation, trial, and appellate work. He has litigated matters in most states in the U.S. and is licensed in five jurisdictions and admitted to practice in 20 U.S. district and circuit courts and the U.S. Supreme Court.

Mike’s experience is pragmatic, as well as deep. For instance, in August 2016, Mike purposely purchased his first Tesla, a Model S he called “Charlie,” in Orange County, California, to embark on a 5-day cross-country journey to New York City. He is now on his third “Charlie,” a Tesla Model Y, and has also owned another Level 2 car, a Genesis G80. What better way to experience the intersection of Level 2 ADAS-equipped cars, the progress of automotive tech and EV’s, as well as their shortcomings? 

Mike also plays an active part in advancing standard-setting and policy related to AMT.  Mike was appointed to and currently serves on the RAND Corporation’s Institute for Civil Justice Board of Advisors.  He is also an active member of the Society of Automotive Engineers (SAE) and serves on SAE’s Event Data Recorder committee (J1698) and SAE’s Advanced Driving System Data Logger Working Group Task Force (J3197). He has also been named to the Board of Directors at Partners for Automated Vehicle Education.

Representative Experience:

 

  • Power v. Erie (3d Cir.) - affirming judgement in life insurance coverage cancellation seeking breach of contract and bad faith under PA and GA law.

  • Capitol Auto Body v. State Farm (C.D. Fla. MDL and 11th Cir.) - affirming judgement from the U.S. District Court for the Central District of Florida in an MDL from 20 states regarding alleged antitrust conduct on behalf of all insurance companies against automobile repairers.

  • Professionals Auto Body v. The Progressive Group of Insurance Companies (W.D. Pa. and 3d Cir.) – trial court and appellate matters involving allegations of bad faith, breach of contract, and unjust enrichment against automotive insurer.

  • Kleinsasser v. The Progressive Group of Insurance Companies (W.D. Wash. and 9th Cir.) – defeated class certification and obtained summary judgment in favor of insurer client, now on appeal to the 9th Circuit Court of Appeals.

  • The Hammocks LLC v. Harleysville Mutual Insurance Company (W.D.N.C.) - obtained a jury verdict in favor of insurer client in case involving arson and material misrepresentation.

  • Jones v. Nationwide Mutual Insurance Company (PA) - successfully argued before the Pennsylvania Superior Court and Pennsylvania Supreme Court obtaining dismissal of Plaintiff’s proposed class action complaint under the “Made Whole Doctrine.”

  • Shapiro v. U.S. Department of Justice, Geico, National Insurance Crime Bureau and other insurers (2d Cir.) - affirming dismissal by the U.S. District Court for the Southern District of New York in case alleging malicious prosecution.

  • Flatiron Restoration v. Amica Mutual Insurance and other insurers (D. W.Va.) - obtained dismissal of plaintiff’s antitrust complaint.

  • Gainesville case (11th Cir.) - obtained dismissal in favor of insurers of antitrust matter previously certified by the U.S. District Court for the Northern District of Florida.

  • Johnson v. Safe Auto Insurance Company (MO) - secured dismissal of class action certified against defendant insurer where insured alleged breach of contract and violation of the consumer protection laws and unjust enrichment.

Education:

  • J.D., Temple University, Beasley School of Law

  • B.S., State University of New York at Cortland 

Admissions:

  • Pennsylvania, New Jersey, New York, Ohio, District of Columbia

  • U.S. District Courts: E.D. PA, M.D. PA, W.D. PA, S.D. NY, E.D. NY, N.D NY, D. CT, D. NJ

  • U.S. Appellate Courts: Second Circuit, Third Circuit, Fourth Circuit, Ninth Circuit, Eleventh Circuit

  • U.S. Supreme Court

Recognitions and Memberships:

  • SAE International Member

    • Automated Driving Data Logger Committee

    • Event Data Recorder (EDR) Committee

  • RAND Corporation—Board of Advisors

  • Professional Liability Underwriters Society: PLUS

  • PAVE (Partners for Automated Vehicle Education) - Board of Directors