Mitchell B. Malachowski is Senior Counsel in Tyson & Mendes’ San Diego and Northern California offices and engages in full-spectrum civil litigation defense. His trial-court and appellate practice specializes in complex litigation, including federal multidistrict litigation, class actions, mass torts, and products liability. Mr. Malachowski’s litigation style is notable for applying creative approaches to leverage favorable outcomes, particularly with respect to novel legal theories.
Mr. Malachowski has comprehensive litigation experience in federal and state courts throughout California. He advanced a novel theory to achieve multiple summary judgments for a continual defendant in state courts in Northern and Southern California, and in federal court, including handling of related appeals. Mr. Malachowski has engaged in extensive factual investigation, coupled with a targeted FOIA request, to induce a pre-answer dismissal in a high-exposure multi-party case. He also employed anti-SLAPP motions in a creative fashion to terminate litigation before discovery even began.
Mr. Malachowski received his J.D. cum laude in 2006 from Pepperdine University School of Law, where he was a member of the Pepperdine Law Review. He earned his B.S. in cell–molecular biology and genetics from the University of Maryland in 2003. An article Mr. Malachowski authored analyzing extraterritorial habeas corpus jurisdiction was published in the Naval Law Review, and was later cited as an authority in an enemy-combatant case decided by the United States Court of Appeals for the District of Columbia Circuit.
When away from the office, Mr. Malachowski enjoys spending time with his wife and throwing a tennis ball around for their dog. He also volunteers as a member of the United States Coast Guard Auxiliary.