John E. Cuttino
John Cuttino has been an active trial attorney his entire career. In his almost 30 years of practice, he has acquired extensive experience in state and federal courtrooms across South Carolina and has tried well over 75 cases to verdict as lead counsel. He regularly handles litigation in a wide variety of matters including catastrophic personal injury, products liability, pharmacy liability, residential and commercial construction defects, insurance bad faith, asbestos personal injury and property damage, toxic mold, and building products cases. Also, he has frequently served as local South Carolina trial counsel in numerous cases, including patent and trademark litigation and insurance bad faith claims. He is regularly retained by insurers, self-insureds, risk management entities, corporations and individuals.
Like many civil litigators, Mr. Cuttino developed his litigation skills first with scores of vehicle accident trials, and later represented a national retail store chain for many years in retail liability cases in state and federal courts throughout South Carolina. Since then, he has represented a diverse range of clients with significant litigated matters in jury trials, bench trials, and arbitration forums. He recognizes there is no substitute for the valuable experience he has gained by regularly being in the courtroom, in front of juries and judges, on behalf of his clients.
Mr. Cuttino began his legal career in 1982 as a law clerk to South Carolina’s then senior Circuit Court Judge, Dan F. Laney, Jr. In that role, he spent a year observing civil and criminal trials of all types throughout South Carolina and learning extensively about the litigation process. He served as Judge Laney’s clerk during the highly publicized and lengthy death penalty murder trial of convicted South Carolina serial killer Donald “Pee Wee” Gaskins.
Today, as a career-long trial attorney representing large corporations, small businesses and individuals, John approaches each case with an experienced understanding of the many nuances surrounding litigation. He understands that litigation is a difficult and unsettling experience for individuals and business concerns and therefore works closely with clients to accommodate their needs and objectives, determining the most effective and efficient ways to resolve a case.
Mr. Cuttino’s family has longstanding ties to South Carolina. He is a member of the South Carolina Historical Society, the Society of First Families of South Carolina 1670-1700, and serves on the Board of Directors of the South Carolina Huguenot Society. He is also a former Chair of the Board of the Columbia World Affairs Council.
“The effectiveness of our country’s civil legal system depends on the effectiveness of the adversarial process. Having an experienced, aggressive, and well-prepared advocate is in my clients’ best interest throughout the litigation process, even if their dispute never reaches the courtroom. In fact, it may be the best way to avoid the courtroom.”
Representative Matters
Construction
- Represented a structural steel erector in a lawsuit filed by the County Council of a South Carolina county against multiple defendants, alleging the presence of toxic mold in a prefabricated metal building housing the Sheriff's Department. The case was resolved favorably prior to trial.
- Served as South Carolina counsel in litigation involving bond claims against a specialty concrete supplier who participated in building a structure in which military jet engines are tested. John worked closely with national counsel and experts to position the case for a successful mediation.
- Served as South Carolina counsel for an international manufacturer of Exterior Insulation and Finish Systems (EIFS) products, handling over 100 litigated cases which were prepared for trial and mediation.
Retail Pharmacy Liability
- Represents a national pharmacy concern in cases involving alleged incorrectly filled prescriptions resulting in personal injury to consumers.
Catastrophic Personal Injury
- Represented a national youth sports athletic trade association in a suit by the family of young baseball player who was struck in the head by a batted ball, resulting in catastrophic brain injury. John worked with sport experts and engineers skilled at testing the performance of aluminum baseball bats, and earned a favorable result for the association prior to trial.
- Represented a trucking company whose 18-wheeler was involved in a multiple vehicle accident in smoke which had blown across an interstate highway. The plaintiff was the occupant of one of several vehicles involved in the accident and was grievously injured. After a two-week trial, the jury returned a defense verdict in favor of the trucking company.
Business Litigation
- Served as local trial counsel for a national beer manufacturer in a trademark/trade dress infringement action in federal court. The case involved a dispute over the alleged unauthorized use of the likeness and appearance of the beer manufacturer's logo and design on its cans.
- Served as local trial counsel for a national container-packaging manufacturer in a patent infringement action in federal court. The case involved a dispute over the rights to a specific manufacturing process for tennis ball containers.