Kevin Kita has a multi-jurisdictional practice defending the interests of manufactures, insurers, and businesses in all aspects of civil litigation. He is licensed in Ohio, Michigan, Kentucky, Illinois, and California, numerous federal courts, and has appeared on behalf of clients Pro Hac Vice in many other states including Missouri, Indiana, and Wyoming. Kevin has first-chaired numerous jury trials and obtained favorable jury verdicts at both the state and federal level. Kevin is also a member of the firm’s appellate practice group and has successfully handled appellate cases before Ohio’s First, Sixth, Ninth, and Tenth District Courts of Appeal, the United States Sixth Circuit Court of Appeals, and the Ohio Supreme Court. Kevin is experienced in a wide variety of legal fields including insurance bad faith, products liability/warranty, employment, and TCPA defense.

Kevin’s achievements as a litigator and trial counsel have been recognized throughout the community. He has been selected as a contributing author to the LexisNexis Practice Guide: New Appleman Ohio Insurance Law, since 2016; and is an adjunct professor at The University of Akron School of Law where he is in charge of the mock trial competition program. In that capacity, he has coached the University of Akron to seven regional championships (2012, 2014, 2016, 2017, 2018, 2019, 2023), two national championships (2014 and 2020), and three consecutive national runner-up finishes (Spring 2018, Fall 2018, Spring 2019).

Kevin has also served as an instructor at the law school’s annual summer trial practice academy since the program was founded in 2015.

Admissions

  • California
  • Illinois
  • Kentucky
  • Michigan
  • Ohio
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  • United States District Courts
  • Northern District of Ohio
  • Southern District of Ohio
  • Eastern District of Arkansas
  • Eastern District of Kentucky
  • Western District of Kentucky

Education

  • John Carroll University, B.S., 2006
  • The University of Akron School of Law, J.D., cum laude, 2011

Representative Matters

  • Successfully defeated TCPA claim in Ohio federal court against major mortgage lender on Motion to Dismiss where Plaintiff failed to allege facts sufficient to establish plausible claim that he was contacted by an ATDS or that he was contacted a sufficient number of times within a 12-month period to substantiate a claim.
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  • Won multiple summary judgments in Ohio state court on breach of contract and bad faith claims brought against a major auto insurer arising from disputes between theft coverage and the vehicle rental exception to coverage; and the scope of UIM coverage for a designated “operator” under the policy who was not injured while in a vehicle and did not reside primarily with the named insured.
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  • Won unanimous reversal of an erroneous CSPA verdict against a major automotive manufacturer in the First District Court of Appeals where the Court held, in the absence of a warrantable defect, the failure or refusal of a dealership and/or manufacturer to perform further diagnostic tests was an “unfair or deceptive act” as contemplated under the Consumer Sales Practices Act.
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  • Won summary judgment in the Northern District of Kentucky, and subsequently won unanimous affirmation from the Sixth Circuit Court of Appeals, in a product defect case arising from a shattered carbon fiber arrow that injured an archer during target practice. Evidence and testimony in discovery established the injury was the result of user error and not a defect in design, manufacturing, or a failure to warn.
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  • Won unanimous defense verdict in the Western District of Tennessee in commercial dispute where an major paper products manufacturer alleged a massive product failure and millions of dollars in lost revenue was the result of defective glue from a local supplier. Evidence at trial proved the glue provided was not defective and that the failure was the result of improper manufacturing practices.

Community

  • Adjunct Professor at the University of Akron School of Law – Head of the Mock Trial Competition Program

Associations

  • Cleveland Metropolitan Bar Association
  • Akron Bar Association
  • Ohio State Bar Association
  • Defense Research Institute
  • International Association of Defense Counsel

Awards & Recognition

  • Super Lawyers Rising Star, 2014 - 2024
  • Top Attorneys – Outstanding Young Lawyers in Cleveland and Columbus, 2014-2024
  • Best Lawyers: Ones to Watch in America 2023 – 2024