Cohen & Malad, LLP
David J. Cutshaw

David J. Cutshaw

dcutshaw@cohenandmalad.com
(317) 636-6481
(317) 636-2495 ext. 219, voice mail

Practice Groups:

David joined Cohen and Malad in 1980, initially as a law clerk, then as an Associate and Partner.

David represents clients at the trial and appellate levels in state and federal courts. His practice includes the following areas of law:

  • Class Action/Complex Litigation - Plaintiff and Defense
  • Medical Malpractice
  • Personal Injury Litigation
  • Business Litigation

David has acted as co-class counsel in several state and federal class actions in various areas of the law, including insurance litigation and securities fraud litigation.

He has also acted as Plaintiffs' counsel in other complex litigation, such as the A-7 Ramada Inn Air Disaster in Indianapolis, and served as Plaintiffs' liaison counsel in In re Greenwood Air Crash, a midair aircraft collision. Since 1982, he has also practiced medical malpractice litigation, now solely as Plaintiffs' counsel.

Educational Background

  • J.D., Indiana University School of Law - Indianapolis, 1982
  • B.A., English and Political Science, University of Indianapolis, Indiana, 1978

Bar Admissions

  • Indiana, 1982
  • U.S. District Court, Northern District of Indiana, 1982
  • U.S. District Court, Southern District of Indiana, 1982
  • U.S. Court of Appeals, 7th Circuit, 1985

Certifications/Specialties

  • Dispute Resolution Arbitrator in good standing, National Association of Securities Dealers (NASD)

Representative Clients

  • Standard Management Corporation and Its Subsidiaries

Professional Associations & Memberships

  • Indiana Bar Association
  • Indiana Trial Lawyers Association
  • Indianapolis Bar Association
  • Seventh Circuit Bar Association

Published Works

  • Indiana Civil Trial Guide, 1992. David was a contributing author and co-editor with Matthew Bender.

Lectures & Seminars Taught

  • Medical Negligence, 2008
  • Securities Litigation, 2001
  • Class Action Litigation, NBI, 1999
  • Medical Malpractice, NBI, 1999
  • Class Action Litigation, ICLEF, 1998
  • Securities Law Update, ICLEF, 1997

Honors & Awards

  • Mr. Cutshaw was named an Indiana Super Lawyer in 2004, 2005, 2006, 2007, 2008 & 2009 in the law practice concentration of class actions/mass torts. This recognition arose from a survey of more than 14, 500 Indiana lawyers with a final review by a panel of managing partners from several Indiana law firms.

Representative Cases

  • Time Warner v. Whiteman, 2004 WL 203444 (Ind.)
  • Core Funding Group, LLC v. Young, 792 N.E. 2d 547 (Ind. Ct. App. 2003)
  • Vandeventer v. All American Life & Cos., Co., 101 S.W. 3d 703 (Tex.App. 2003)
  • Associated Medical Networks, Ltd. v. Lewis, 785 N.E. 2d 230 (Ind.App. 2003)
  • Stransky v. Cumins Engine Co., Inc., 51 F.3d 1329 (7th Cir. 1995)
  • In re Greenwood Air Crash, 873 F.Supp. 1257 (S.D. Ind. 1995)
  • Collins v. Covenant Mutual Ins. Co., 644 N.E. 2d 116 (Ind. 1994)
  • Morey v. Bravo Productions, Inc., P.93, 554 Fed. Sec. L. Rep. (S.D.N.Y. 1987)
  • American Cyanamid v. Stephen, 623 N.E. 2d 1065 (Ind.App. 1993)
  • American Cyanamid v. Stephen, 600 N.E. 2d 1387 (Ind.App. 1992)
  • Gregory v. Home Ins. Co., 876 F.2d 602 (C.A. 7 (Ind.) 1989)
  • Dudley v. Ski World Inc., 1989 WL 73207 and 73208 (S.D.Ind. 1989)

David J. Cutshaw was born in South Bend, Indiana, in 1956. He spent his early and high school years in Logansport, Indiana, and graduated from Logansport High School in 1974.

David graduated from Indiana University School of Law in 1982, after having earned his bachelor's degree in English and political science from the University of Indianapolis in 1978.

David is an avid sports enthusiast, having competed in track and football in high school and college. After college, he continued playing soccer until his early forties. He was past board president of the Carmel United Soccer Club and now serves as a consultant for the club.

David, his wife and two children are integrally involved in travel and premier soccer.