Kelly Utsinger

Kelly Utsinger

Shareholder

Underwood, Wilson, Berry, Stein, and Johnson, P.C.
500 S. Taylor, Suite 1200
Amarillo, TX 79101
(806) 379-0336
(806) 349-9476 fax
Kelly.Utsinger@uwlaw.com

  Click to download Kelly Utsinger's vcard

Experienced in federal and state trial and appellate courts, Mr. Utsinger's practice is concentrated on employment, non subscriber, trucking, and healthcare litigation. As a former briefing attorney for the 7th Court of Appeals, he maintains an active appellate practice with over 20 reported cases. Mr. Utsinger has also been retained in prosecuting or defending commercial litigants and first party insurance disputes.

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
  • Unemployment claims
  • Lead counsel in defending multi-plaintiff and class action ERISA and FLSA suits

Non subscriber Litigation

  • Advised and represented employers in matters concerning alternatives to statutory workers compensation
  • Successfully defended over 100 non subscriber lawsuits
  • Drafted ERISA compliant employee workplace injury plans

Healthcare Litigation

  • Representation of physicians and long-term care facilities in medical negligence and administrative proceedings in both trial and appellate courts
  • Representation of healthcare providers and their insurance carriers
  • Special Regulatory Counsel for multi-facility health care providers in reorganization bankruptcy cases

Truck Accidents

  • Routinely retained to defend death and serious personal injury cases involving trucking accidents

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 Supreme Court
  • Admitted to practice before the United States Court of Appeals, 5th Circuit
  • Admitted to practice before the United States District Court, Northern District of Texas
  • Admitted to practice before the United States District Court, Eastern District 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, 2003, 2004, 2005, 2006, 2007
  • 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

Education

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