Experienced in federal and state trial and appellate courts, Mr. Utsinger’s practice is concentrated on employment, non subscriber, 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 case 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.
Kelly 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.
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
