
Curt Cutting helps businesses defend against high-stakes litigation, especially in cases where plaintiffs are seeking punitive damages.
His work in punitive damages cases, both at the trial court level and on appeal, has resulted in the reduction or outright reversal of a number of multi-million dollar punitive damages awards.
At the trial court level, Curt assists clients with strategic consulting, preparation of critical motions, and preserving dispositive issues for appeal. On appeal, Curt serves as lead counsel in cases involving a wide range of subject areas, including products liability, mass torts, business disputes, and insurance law. He has presented dozens of oral arguments, including appearances before the California Supreme Court and the Supreme Court of Guam.
Curt, along with other attorneys at Horvitz & Levy, serves as West Coast appellate counsel for a Fortune 100 company in asbestos litigation, assisting at the trial court level and representing the company as lead counsel on appeal.
He is the primary contributor to the firm’s blog on punitive damages. He has provided commentary on punitive damages litigation and appellate practice for various media outlets, including Bloomberg Law, The National Law Journal, The Seattle Times, The Associated Press, The San Diego Union Tribune, The Daily Journal, The Recorder, BNA’s Class Action Litigation Reporter, and Business Insurance.
Curt is an adjunct professor at the Pepperdine Caruso School of Law, where he teaches the Ninth Circuit Appellate Advocacy Clinic along with fellow H&L attorney Rebecca Powell. The Clinic handles cases in the U.S. Court of Appeals for the Ninth Circuit, representing individuals in matters that the court identifies as warranting appointment of pro bono counsel.
Representative Matters
Padron v. Osoy (2025)
California Court of Appeal issues published opinion affirming summary judgment for homeowner in lawsuit brought by injured worker.
Read MoreHill Family LP v. Trader Joe’s (2024)
California Court of Appeal rules that Trader Joe’s is entitled to express indemnity arising out of a lease agreement.
Read MoreWatts v. Pneumo Abex (2024)
California Court of Appeal reverses for new trial in asbestos case.
Read MoreMartinez Iriqui v. Latt (2024)
California Court of Appeal rules that trial court’s discovery and trial-scheduling rulings did not constitute a “structural error” requiring a new trial.
Read MoreWashington 111 v. Kelsey (2024)
California Court of Appeal rules that commercial landlord is entitled to a new trial in dispute with former tenant.
Read MoreAyers v. FCA (2024)
Horvitz & Levy persuaded the Court of Appeal to issue a published opinion that rejects a commonly used tactic to inflate attorney fee awards in lemon law cases.
Read MoreOroville Hospital v. Superior Court (Ambrose) (II) (2024)
Horvitz & Levy obtained interlocutory relief for the second time in the same case, persuading the Court of Appeal that a plaintiff’s claim for punitive damages against a healthcare provider was untimely.
Read MoreLong v. Sugai (2024)
Ninth Circuit issues published opinion in favor of H&L pro bono client in civil rights case.
Read MoreLeonard v. Peters (2023)
Ninth Circuit reverses summary judgment order in pro bono civil rights case on behalf of Oregon state prisoner.
Read MoreBlasco v. FCA (2022)
California Court of Appeal affirms nonsuit on punitive damages in lemon law case.
Read MoreSwanson v. The Marley-Wylain Company (2021)
California Court of Appeal reverses $5.5 million judgment in mesothelioma case due to instructional error
Read MoreSernas v. Cantrell (2021)
Ninth Circuit reverses district court’s dismissal of prisoner’s civil rights claim
Read MoreLittle Cottage Caregivers v. Meiri (2020)
California Court of Appeal reinstates ownership interest in a medical marijuana collective
Read MoreRiley v. Kernan (2020)
Ninth Circuit reinstates prisoner’s civil rights lawsuit on religious liberty grounds
Read MoreAlaniz v. Sun Pacific Shippers, L.P. (2020)
California Court of Appeal reverses judgment against landowner due to error in jury instructions
Read MoreBarton v. The Argen Corporation (2019)
California Court of Appeal affirms judgment of dismissal in products liability action against supplier of dental alloys
Read MoreStennett v. Miller (2019)
California Court of Appeal upholds wrongful death statute against equal protection challenge.
Read MoreMenera v. Mega R.V. Corp. (2018)
Horvitz & Levy preserves defense verdict in products liability case.
Read MoreRudolph v. Rudolph and Sletten, Inc (2018)
Court of Appeal rejects plaintiffs' attempt to circumvent workers' compensation exclusive-remedy rule in take-home asbestos case
Read MoreSaller v. Crown Cork & Seal (2017)
California Court of Appeal reverses $3.6 million in punitive damages in products liability case
Read MorePark v. Mobil Oil Guam, Inc. (2004)
Supreme Court of Guam affirmed reduction of punitive damages award against Mobil Oil
Read MoreIn re Marriage of McCourt (2015)
California Court of Appeal rules in favor of former Dodgers owner Frank McCourt in marital dispute.
Read MoreMobasser v. Yermian (2014)
California Court of Appeal vacates jury’s award of emotional distress damages and punitive damages in family business dispute.
Read MoreAmerican States Ins. Co. v. Ramirez (2012)
California Court of Appeal reverses $6 million judgment in insurance coverage dispute and orders entry of judgment for the defendant.
Read MoreO’Neil v. Crane Co. (2012)
California Supreme Court holds that product manufacturers cannot be liable for injuries caused by replacement parts.
Read MoreLos Angeles County Metropolitan Transportation Authority v. Alameda Produce Market LLC (2011)
California Supreme Court unanimously reverses Court of Appeal opinion in eminent domain dispute.
Read MoreBehnke v. State Farm General Insurance Co. (2011)
California Court of Appeal affirms pre-trial dismissal of policyholder's claims for breach of contract, misrepresentation, and bad faith in dispute over Cumis fees.
Read MoreGriffin Dewatering Corp. v. Northern Ins. Co. of New York (2009)
California Court of Appeal reverses an $11 million judgment, including $10 million in punitive damages, and orders entry of judgment for the defendant in insurance bad faith case.
Read MoreNational Union Fire Ins. Co. v. Cambridge Integrated Services (2009)
In this appeal, Horvitz & Levy LLP represented National Union, which provides workers comp excess insurance to Bank of America.
Read MoreBorder Business Park, Inc. v. City of San Diego (2006)
California Court of Appeal reverses $91.7 million inverse condemnation award against City of San Diego.
Read MoreCredentials
Education
- Seattle University School of Law
J.D., magna cum laude, 1995 - Ohio University
B.S. (Physics) & A.B. (History), Honors Tutorial College, cum laude, 1992
Clerkships
- Hon. Ruggero J. Aldisert, U.S. Court of Appeals, Third Circuit (1996-1997)
- Hon. Eugene A. Wright, U.S. Court of Appeals, Ninth Circuit (1995) (extern)
Bar Admissions
- California
- Washington
- U.S. Supreme Court
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. District Court, Central District of California
- U.S. District Court, Western District of Washington
Professional Associations
- Association of Southern California Defense Counsel
- American Bar Association, Council of Appellate Lawyers, Chair of Long-Range Planning Committee (2004-2006), Member of Executive Board (2000-2003), Chair of Membership Committee (2001-2004), Judicial Division Lawyers Conference, Publications Chair (1999-2001), Litigation Section Appellate Practice Committee
- Council on Litigation Management
- DRI
- Los Angeles County Bar Association
- State Bar of California, Business Law Section, Business Litigation Standing Committee
Awards
- Best Lawyers (2010-2023)
- Super Lawyers (2012-2025)
- Super Lawyers “Rising Star” (2006-2010)
- Listed in Lawdragon, Inc. as one of the 3000 leading lawyers in America
- Los Angeles & San Francisco Daily Journal’s 20 Under 40 (2008)
- CLAY award (California Lawyer Attorney of the Year) (2007)
Publications
- California’s Latest Litigation Invitation: A Duty to Protect Against “Take-Home” Exposure (May 19, 2017) Washington Legal Foundation, Legal Opinion Letter
- Ruling Shows Challenges to Post-Trial Attacks on Punitive Damages (Aug. 4, 2016), Daily J., p. 8
- Will the Billable Hour Go the Way of the Law Library? (Perspective) (July 28, 2016) Bloomberg Law
- An Appellate Perspective on Litigation Management (Winter 2013) In-House Defense Quarterly (DRI), p. 18
- Appellate Practice Compendium (ABA Book Publishing 2012) Ch. 20, California
- Supreme Court of California: Manufacturers are not Liable for Injuries Caused by Someone Else’s Product (March 9, 2012) Wash. Legal Foundation, Legal Opinion Letter, Vol. 21, No. 6
- Punitive Damages: Inching Towards Predictability (June 18, 2010) Claims Magazine [online exclusive]
- Keeping Up Appearances (Nov. 23, 2009) Daily J., p. 5
- An Emerging Trend?: Federal Appeals Court Limits Punitive Damages To 1:1 Ratio (2009) Wash. Legal Foundation, Legal Opinion Letter, Vol. 19, No. 3
- Premature New Trial Motions (Mar. 2006) California Lawyer, p. 24
- Baby Steps: California Supreme Court Cautiously Ventures Into Federal Punitive Damages Law (2d. Quarter 2005) Verdict
- Problematic New Civil Jury Instructions (May 2004) California Lawyer, 20
- Winning on Appeal: Better Briefs and Oral Arguments by Ruggero J. Aldisert (2nd ed. 2003) Chapter 23, How Top-Flight Appellate Lawyers Prepare for Oral Argument
- The Courts and the News Media (California Judges Association 7th ed. 2001) Chapter 6, Legal Research
- Everything You Ever Wanted to Know About the Federal Judiciary (Spring 2000) A.B.A. Jud. Division Rec. 18
- Discovery Reform on the Horizon? (Winter 1999) A.B.A. Jud. Division Rec. 21
- Bad Enough to Punish: The Application of the Reprehensibility Guidepost in Punitive Damages Cases After BMW v. Gore (Fall 1998) 49 Fed’n of Ins. & Corp. Couns. Q.
- Turning Point for 10b-5: Will Congressional Reforms Protect Small Corporations? (1995) 56 Ohio St. L.J. 555
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