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John C. Mitby - Madison, WI

33 East Main StreetSuite 400 Madison, WI 53703

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Updated: 05/05/2022

Madison Business Litigation Lawyer


John C. Mitby serves as counsel for numerous businesses, engineering and construction firms, insurance companies, non-profit organizations, and elder care facilities. John's commercial practice includes resolving a variety of matters relating to contracts, transactional work, real estate, employment, financing, municipal, business, insurance, and litigation...

About John C. Mitby

Practice Areas

  • Business Litigation
  • Contracts
  • Form, Sale and Purchase of Businesses, Including Limited Liability Companies
  • Real Estate
  • Complex Matter and Mediation


  • 40%

Current Employment Position(s)

  • Partner


  • English


Bar Admissions

  • Wisconsin, 1971
  • Colorado, 1992
  • U.S. District Court Western District of Wisconsin, 1978
  • U.S. District Court Eastern District of Wisconsin, 1978
  • U.S. Court of Appeals 7th Circuit, 1982
  • U.S. Supreme Court, 2009

Other Affiliations

  • Wisconsin Chapter of the American Board of Trial Advocates, 2005 - Present (Member, Past President)
  • State Bar of Wisconsin, 1978 - Present (Member)
  • Wisconsin Law Foundation (Fellow)
  • Civil Trial Counsel of Wisconsin, 1983 - 1987 (Member, Board of Directors)
  • Dane County Bar Association (Member)
  • American Bar Association (Member)
  • Defense Research Institute,Construction Law Committee Member, Past Chairman, Litigation Section, State Bar of Wisconsin (Member)
  • AGC of America, The Associated General Contractors of America (Member)
  • State Bar of Wisconsin, Litigation Section, 1985 - 1986 (Chairman)
  • Wisconsin Academy of Trial Lawyers (Member)
  • Western District of Wisconsin Bar Association, 1992 - Present (Member)
  • State Bar of Colorado (Member)
  • American Council of Engineering Companies (Affiliate Member)
  • Liaison to AIA Documents Committee for Review of A201™ – 2017 Contract, 2015
  • Wisconsin Law School Alumni Association, 1971 - 1975 (Member, Board of Directors)
  • University of Wisconsin Golf Course, 1991 - 1996 (Board Member)
  • Litigation Advisory Committee (Member)
  • District 9 Professional Responsibility, 1989 - 1991 (Chairperson)
  • Committee of the Board of Attorneys Professional Responsibility (Member)
  • Board of Attorneys Professional Responsibility for Disciplinary Action (Counsel)
  • Seventh Circuit Bar Association (Member)
  • The Association of Trial Lawyers of America (Member)
  • American Society of Hospital Attorneys (Member)
  • American Society of Law and Medicine (Member)
  • American Health Lawyers Association (Member)
  • National Academy of Elder Law Attorneys, Inc. (Member)
  • National Arbitration Forum (Mediator/Arbitrator)


  • University of Wisconsin Law School, Madison, Wisconsin, 1971
  • University of Wisconsin, Madison, Wisconsin, 1966

Fraternities and Sororities

  • Phi Delta Phi

Past Positions

  • Axley Brynelson, Managing Partner, 2009 - 2014
  • Resolute Systems, Inc., Arbitrator/Mediator
  • State Bar of Wisconsin District 2 Fee Arbitration Panel, Arbitrator, 1986 - 1994
  • U.S. Army Corps of Engineers, Captain, 1966 - 1968
  • Wisconsin National Guard, Captain, 1968 - 1970

Pro Bono Activities

  • Past Chairperson, Olympic Development Program for Girls Soccer in Wisconsin, 2000 - 2010
  • President, Gregory C. Van Wie Charitable Foundation, Inc., 1998 - Present
  • President, Jennie H. Olson Charitable Foundation, Inc., 1978 - Present
  • Volunteer, Wisconsin Dells and SAIL

Classes and Seminars

  • Trial Advocacy, Univeristy of Wisconsin Law School, 1978 - 1990


Other Sources of Feedback About John C. Mitby

Included on the 2022 Wisconsin list

Past Lists

  • 2021 Wisconsin Super Lawyers list
  • 2020 Wisconsin Super Lawyers list
  • 2019 Wisconsin Super Lawyers list
  • 2018 Wisconsin Super Lawyers list
  • 2017 Wisconsin Super Lawyers list
  • 2016 Wisconsin Super Lawyers list
  • 2015 Wisconsin Super Lawyers list
  • 2014 Wisconsin Super Lawyers list
  • 2013 Wisconsin Super Lawyers list
  • 2012 Wisconsin Super Lawyers list
  • 2011 Wisconsin Super Lawyers list
  • 2010 Wisconsin Super Lawyers list
  • 2009 Wisconsin Super Lawyers list
  • 2008 Wisconsin Super Lawyers list

View the profile for John C. Mitby on Super Lawyers


  • Recognized by Dane County Bar Association for pro bono service, 2015
  • Wisconsin Pro Bono Honor Society, Member, 2015
  • Recognized by Supporting Active Independent Lives (SAIL) for 10 years of pro bono service, 2015
  • The Best Lawyers in America®, Commercial Litigation, Litigation – Construction, Litigation – Municipal, and Mediation, 2016
  • The Best Lawyers in America®, Commercial Litigation; Alternative Dispute Resolution, 2015
  • The Best Lawyers in America®, Lawyer of the Year, Litigation – Municipal, Madison, 2014
  • The Best Lawyers in America®, Lawyer of the Year, Litigation – Construction, Madison, 2013
  • Top Rated Lawyer in Healthcare Law on behalf of American Lawyer Media and Martindale Hubbell®, 2013
  • Leaders in Law by the Wisconsin Law Journal, 2013
  • Recognized by the State Bar of Wisconsin and Wisconsin Access to Justice Commission as a Pro Bono Honor Society Member, 2013, 2014
  • Inducted into the Madison Soccer Hall of Fame for major contributions to Reddan Soccer Park in Verona, Wisconsin, 2012
  • Wisconsin Super Lawyers® (Business Litigation Law), 2008 - 2016
  • Wisconsin Super Lawyers®, Recognized for Business Litigation Law by its Corporate Counsel Edition and Business Edition
  • Wisconsin Super Lawyers®, Recognized for Litigation Law in its Business Edition
  • Named one of Madison’s top Alternative Dispute Resolution Mediation attorneys by Madison Magazine
  • Named in The Best Lawyers in America® for over 20 years for commercial litigation, litigation – construction, litigation – municipal, mediation and professional malpractice law
  • Listed in “Ten Who Made A Difference,” 2004
  • Listed in “Know Your Madisonian,” 1988
  • AV Preeminent® Peer Review Rated Martindale-Hubbell® Peer Review Ratings™

Representative Clients

  • Businesses and Limited Liability Corporations
  • Elder Care Facilities
  • Insurance Companies (Defense)
  • Real Estate Companies

Video & Photo


Office Information


33 East Main StreetSuite 400 Madison, WI 53703


  • (608) 257-5764

Offers Free Initial Consultation


Accepts Credit Cards




  • Business or Government Investigative Team
  • Considerations for Single Member LLC’s
  • Cyber Liability Insurance: Consider—But Be Careful As Insurance Company May Deny A Claim
  • Discovery of Text Messages: “Help or Hurt Your Case!”
  • Drone Law: Not Your Typical Model Aircraft
  • Drone Usage: Are You Protected?
  • Employee Handbook Policies on Social Media
  • Family Medical Leave Act (“FMLA”) Case: Beware of the Time Limits!
  • Handling Your Legal Project: The Results-Oriented and Cost-Effective Way!
  • New Federal E-Discovery Amendments
  • Preparing for Data Breaches
  • Revised Planning for Future Healthcare Decisions
  • Uber For Telecommunication Carriers
  • Web Accessibility: Does Your Website Put You at Risk for a Lawsuit?
  • What Should You Expect From Your Attorney?
  • Zika Concerns for Employers
  • Age Bias Protections Restricted
  • Insurance Coverage of Fracking – Related Claims : Drilling Down in Mostly Uncharted Territory
  • Mitby builds on construction past to give companies legal aid
  • Defend Trade Secrets Act of 2016: New Features and Protections

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Firm Address

(608) 257-5764
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33 East Main StreetSuite 400 Madison, WI 53703

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