David A. Kutik

David Kutik tries complex cases on a range of issues, including antitrust, unfair competition, trade secrets, product liability, wrongful death, and construction disputes. He has successfully defended class actions and served as national coordinating counsel. David has dealt with numerous scientific disciplines relating to products ranging from ultra-thin copper foil to concrete. He also leads the Firm's Ohio energy practice, representing energy companies across the country in matters concerning mining and mineral rights, coal sales, oil and gas rights, natural gas purchase and transportation contracts, power contracts, stranded cost recovery, collection policies, rights of way, vegetation management, and personal injuries arising from mining accidents, natural gas explosions, and power line contacts. He has tried rate cases and regulatory matters for gas and electric utilities.

David defended FirstEnergy Corp. and its affiliates in cases involving the 2003 multistate blackout. In 2012, he won three victories at the Ohio Supreme Court in cases that, respectively, affirmed a utility's easement rights, dismissed a challenge to a utility vegetation management plan, and rejected a class action brought against FirstEnergy's Ohio utilities by "all electric" customers seeking restoration of discounted rates. Recently, he tried a case involving "take or pay" contracts against natural gas producers. He defended another case brought by gas producers challenging a gas utility's measurement practices. He also was on the trial team of a rate case for Oklahoma Gas & Electric Co.

David is a former president of the Cleveland Bar Association, the Legal Aid Society of Cleveland, and the MetroHealth Foundation.

Good to know

Areas of Practice 1) Litigation, 2) Business and Tort Litigation (USA), 3) Energy, 4) Class Action & Multidistrict Litigation, 5) Construction and 6) Oil & Gas Shale Plays
Law School Case Western Reserve University School of Law
Education Colgate University (A.B., 1977)
Most recent firm Jones Day
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