Kyle T. Cutts

Associate

Cleveland
T +1.216.861.7576
F +1.216.696.0740
Los Angeles
T +1.310.442.8867
F +1.310.820.8859

Overview

Kyle Cutts represents clients in complex litigation throughout the country. Kyle’s clients have included an internationally recognized hotel chain; a custodian of self-directed retirement accounts; claimants in one of the nation’s largest bankruptcies; a major publishing house; a UK-based investment firm; an international airline; one of the world’s largest rental car companies; one of the nation’s major department store chains; hospitals and healthcare providers; foreign and domestic HVAC manufacturers; and state legislatures.

Kyle’s experience spans disciplines. In the class action arena, clients have called on Kyle to defend against breach of warranty, breach of contract, and state consumer fraud claims, including those brought under California’s unfair competition and auto-renewal statutes. Kyle also has experience in the developing area of data privacy litigation.

Kyle has advised clients in antitrust matters involving allegations of price-fixing, monopolization, patent acquisition in restraint of trade, and Walker-Process violations. Kyle also has significant experience handling and arguing appeals, including handling a matter in the Seventh Circuit Court of Appeals.

Kyle is a former clerk for the Ninth Circuit Court of Appeals. Prior to attending law school, he worked in Silicon Valley and in Hyderabad, India, for Google, Inc., and served as a Fulbright Scholar in Hamburg, Germany. Kyle routinely lectures on the topic of litigation trends and U.S. Supreme Court developments, presenting to members of the financial services, insurance, healthcare, real estate and manufacturing industries, among others.

Select Experience

Class Action Litigation
  • Argued dismissal of a putative nationwide class action challenging magazine publisher’s use of an auto-renewal subscription service. At oral argument, the court dismissed the complaint in its entirety and denied the plaintiffs leave to amend.
Appellate Litigation
  • On behalf of client, defeated bid for certiorari in the United States Supreme Court in a case brought by plaintiffs pursuing a putative statewide class action.
Commercial Litigation
  • Defending international hotel chain in multi-district litigation brought over data security incident that impacted over 500 million guest records.
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Experience

Class Action Litigation
  • Argued dismissal of a putative nationwide class action challenging publisher’s use of an auto-renewal subscription service. At oral argument, the court dismissed the complaint in its entirety and denied the plaintiffs leave to amend.
  • Secured dismissal with prejudice of multi-count complaint alleging consumer fraud theories against major publishing house.
  • On behalf of client, defeated plaintiffs’ bid for class certification in a case alleging breach of contract, breach of warranty, and consumer-fraud theories brought against a major appliance manufacturer.
Appellate Litigation
  • On behalf of client, defeated bid for certiorari in the United States Supreme Court in a case brought by plaintiffs pursuing a putative statewide class action.
  • Argued appeal to secure award of sanctions against opposing party for discovery violations.
  • Protected early dismissal of breach of warranty and consumer fraud action by securing Fifth Circuit Court of Appeals affirmance.
Commercial Litigation
  • Defending international hotel chain in multi-district litigation brought over data security incident that impacted over 500 million guest records.
  • Representing custodian of self-directed IRAs in putative class action pending in Ohio state court alleging breach of contract and fiduciary duty theories.
  • Defended United Kingdom investment management firm in case alleging breach of loan agreement.
  • Defended hospital system from an FTC enforcement action challenging client’s merger with another hospital.
  • Represented major department store chain in suit litigated to trial in New York Supreme Court against a competitor for tortious interference with a license agreement.

Recognitions and Memberships

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • Manos Inn of Court: Member

Videos

Community

  • Case Western Reserve University Law School Alumni Board
  • Wake Forest Club of Cleveland: Member

Pro Bono

  • Secured release of a prisoner sentenced to life in prison without the possibility of parole as a juvenile.
  • Obtained asylum for an individual fleeing persecution in central Africa.

Featured Video

2020 Supreme Court Update
Play Video

Hear a discussion on pending matters and key developments and what they mean for your business.

Prior Positions

  • Law Clerk for the Honorable Jay S. Bybee, U.S. Court of Appeals, Ninth Circuit (2011 to 2012)

Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Eastern District of Arkansas
  • U.S. District Court, Northern District of California
  • U.S. District Court, Central District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Northern District of Ohio
  • Ohio
  • California

Education

  • J.D., Case Western Reserve University School of Law, 2008, summa cum laude, Order of the Coif, Graduated First in Class
  • B.A., Wake Forest University, 2002