Attorneys Who Refuse To Back Down In The Face Of A Challenge
Jason Kipness

Jason Eric Kipness

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Dallas, TX

Practice Areas

  • Insurance Litigation
  • Mediation & Alternative Dispute Resolution
  • Medical Malpractice Defense
  • Premises Liability
  • Products Liability Defense
  • Professional Liability Defense
  • Trucking & Auto Accident Defense
  • Work Injury Litigation

Biography

Jason Kipness is a veteran trial lawyer with over 20 years of experience representing businesses and insurers in complex personal injury litigation and arbitration matters throughout Texas. His practice is primarily focused on defending non-subscriber employers in all types of work injury litigation and resolving employee claims for injury benefits under the federal ERISA statute. Jason represents diverse employers ranging from global corporations to mid-size companies and small businesses.

In addition, Jason defends clients in litigation covering a variety of other areas, including medical malpractice, premises liability, construction and design defects, products liability, commercial trucking accidents, car and motorcycle accidents, Dram Shop liability and wrongful death claims. He also has significant experience prosecuting subrogation claims on behalf of insurers.

Education

  • St. Mary's University School of Law, San Antonio, Texas
    • J.D. - 1998
  • University of Texas at Austin
    • B.A. - 1994

Bar Admission

  • Texas
  • Oklahoma
  • U.S. Supreme Court
  • U.S. Court of Appeals 5th Circuit
  • U.S. District Court Northern District of Texas
  • U.S. District Court Southern District of Texas
  • U.S. District Court Eastern District of Texas
  • U.S. District Court Western District of Texas
  • U.S. District Court Western District of Oklahoma

Representative Cases

  • Jack in the Box, Inc. v. Skiles, 221 S.W.3d 566 (Tex. 2007)
  • Wal-Mart Stores, Inc. v. Constantine, 05-17-00694-CV, 2018 WL 2001959 (Tex. App. - Dallas April 30, 2018, no pet. h)
  • Lone Star Bakery, Inc. v. De La Garza, 04-13-00804-CV, 2014 WL 4230180 (Tex. App. - San Antonio 2014, orig. proceeding)
  • In re Arpin America Moving Systems, LLC, 416 S.W.3d 927 (Tex. App. Dallas 2013, orig. proceeding)
  • In re Standard Meat, L.P., No. 05-06-01470-CV, 2007 WL 730660 (Tex. App. - Dallas 2007, orig. proceeding)

Representative Clients

  • On behalf of Fortune 100 company sued for shooting death of employee on its premises, obtained court of appeals’ order compelling arbitration with regard to wrongful death beneficiaries who did not sign the arbitration agreement or agree to arbitration
  • Obtained order granting motion to compel arbitration from the trial court in a South Texas lawsuit involving a transportation employee who was exempt from arbitration under the Federal Arbitration Act
  • Obtained order granting petition for writ of mandamus in discovery dispute pertaining to discovery of client's net worth information
  • Secured numerous non-subscriber personal injury claim arbitration awards in favor of employer where employee only had to prove one-percent negligence to obtain award of damages and contributory negligence defense was prohibited by law
  • Negotiated multiple settlements (with same plaintiff's attorney) within policy limits on behalf of an industrial bakery that was fined for OSHA workplace and immigration violations and faced with economic damages exceeding policy limits arising from multiple amputation claims
  • Resolved seven-figure injury claim (above policy limits) by obtaining expert witness opinion arguing that paraplegic employee’s physical condition was caused by ALS, not trauma from a fall accident
  • Obtained summary judgment on injury causation in non-subscriber claim where employee had multiple neck and back surgeries and submitted seven-figure life care plan for future medical care

Professional Associations

  • Member, Dallas Bar Association
  • Member, Oklahoma Bar Association
  • Member, State Bar of Texas
  • Member, TADC

Current Employment Position

  • Associate