Kelly Utsinger

Experienced in federal and state trial and appellate courts, Kelly Utsinger’s practice is concentrated on employment, nonsubscriber, trucking and catastrophic injury litigation. After receiving his law degree from Texas Tech University School of Law, he worked as a briefing attorney for the 7th Court of Appeals. He has maintained an appellate practice with over 20 reported cases and has also prosecuted and defended commercial litigants and first party insurance disputes. He has been counsel in multiple Fair Labor Standards Act collective actions and defended over 100 nonsubscriber law suits.

Mr. Utsinger and his wife, Kay, have been married for over 35 years and are native West Texans, growing up in Odessa and graduating from Abilene Christian College. They have two adult daughters, Amy and Emily, and a granddaughter, Addison.

Practice Concentration and Experience

Employment Litigation

  • Advising and representing employers in claims filed under state and federal laws involving discrimination (age, race, sex, disability, and national origin, including ADA, ADEA, OWBPA, Title VII, USERRA and TCHRA)
  • Wage and hour claims (FLSA)
  • Wrongful discharge/retaliation claims
  • Lead counsel in defending multi-plaintiff and class action ERISA and FLSA suits

Nonsubscriber Litigation

  • Advised and represented employers in matters concerning alternatives to statutory workers compensation
  • Successfully defended over 100 non subscriber lawsuits

Truck Accidents and Catastrophic Injury Cases

  • Routinely retained to defend death and serious personal injury cases involving trucking accidents
  • Counsel in wrongful death and survivor cases

Commercial Litigation

  • Prosecuted and defended business dissolution matters
  • Representation of businesses in complex litigation

Appellate Opinions

  • Welch v. Nightingale Nurses, LLC, 2009 Tex. App. LEXIS 3822, June 2, 2009, Petition for review denied, 2010 Tex. LEXIS 295 (Tex., Apr. 9, 2010)
  • Nexion Health at Humble, Inc. v. Lyman, Slip Opinion, 2006 WL 304795 (Tex. App.-Houston [1st Dist.] 2006)
  • In re: Carlisle, 209 S.W.3d 93 (Tex. 2006
  • Alashmawi v. IBP, Inc., Slip Opinion, 2005 WL 221269 (N.D. Tex., Jan 31, 2005)
  • For a full list, click here

District Court Opinions

  • Bates v. Railtech Boutet, Inc., 2007 U.S. Dist. LEXIS 46474 (N.D. Tex. June 27, 2007)
  • Baldridge v. SBC Communs, Inc., 2006 U.S. Dist. LEXIS 13771 (N.D. Tex. March 28, 2006)
  • Glover v. IBP, Inc., 2002 U.S. Dist. LEXIS 3349 (N.D. Tex. February 27, 2002)
  • Glover v. IBP, Inc., 2002 U.S. Dist. 1354 (N.D. Tex. January 28, 2002)
  • For a full list, click here

Activities and Affiliations

  • Admitted to practice before all Texas State Courts by the Supreme Court of Texas, 1979
  • Admitted to practice before the United States Tax Court, 2011
  • Admitted to practice before the United States Supreme Court
  • Admitted to practice before the United States Court of Appeals, 5th Circuit
  • Admitted to practice before the United States District Court Northern and Eastern Districts of Texas
  • Designated as a “Texas Super Lawyer” (survey of over 65,000 attorneys across Texas about the best lawyers they had personally observed in action), Texas Monthly, 10 consecutive years 2003 – 2012 for Civil Litigation, Defense
  • Law & Politics magazine’s Texas Super Lawyers® – Super Lawyer, Business Edition for Civil Litigation Defense – 2011, 2012 and Corporate Counsel Edition for Civil Litigation Defense – 2008 – 2010
  • Listed in Best Lawyers in America, Insurance Law
  • Amarillo Bar Association
    • Director, 1998-2000
    • Vice President, 2005-2006
    • President Elect, 2006-2007
    • President, 2008-2009
    • Chair Centennial Committee
  • Texas Association of Defense Counsel, district director, 1994-1995
  • Texas Young Lawyers Association district director, 1986-1987
  • Amarillo Area Young Lawyers Association, president, 1984-1985
  • United Way of Amarillo and Canyon, governing board

PUBLICATIONS AND PRESENTATIONS

Website Articles

Education

  • J.D. Texas Tech University School of Law, 1979
  • B.A. Abilene Christian College, 1975
    • cum laude