David Kitner has been a trial lawyer since 1973. He is a Fellow in the American College of Trial Lawyers. He serves as the firm's general counsel and is chair of the professional liability practice group. David represents clients in civil litigation matters including complex business/commercial disputes, professional liability, and insurance (coverage and bad faith).
- Admitted, Texas; U.S. District Courts for the Northern, Southern, Eastern, and Western Districts of Texas; U.S. Court of Appeals for the Fifth Circuit; U.S. Supreme Court
- American College of Trial Lawyers, Texas State Committee Member, 2005-Present; Vice-Chair, 2010-2012; Chair, 2012-Present; National Trial Competition Committee Member, 2009-Present
- Texas Bar Foundation, Life Fellow
- Dallas Bar Foundation, Senior Life Fellow
- Dallas Bar Association
- Defense Research Institute
- District 6A Grievance Committee, Member, 2003-2009; Panel Chair, 2008-2009
- Texas Board of Disciplinary Appeals, Member, 2012-Present (Appointed by Supreme Court of Texas)
- Dallas Volunteer Attorneys Program
- Southern Methodist University School of Law, Former Trial Advocacy Instructor
The University of Texas School of Law, J.D., 1973, with honors
Order of the Coif
Texas Law Review
Rice University, B.A., 1970
- Prosecuted breach of contract claim through arbitration against securities firm resulting in judgement and award to client (2010).
- Handled dismissal of 10,000 person class action against one of the nation's largest cotton cooperatives. Defense judgment as to individual claims for breach of contract and deceptive trade practices (2009).
- Defended major Dallas law firm in legal malpractice suit arising out of formation of business. All claims against firm nonsuited at end of first week of jury trial in Dallas County (2008).
- Won defense judgment in jury trial involving insurance coverage/bad faith claims, tried in federal district court in Houston (2007).
- Defended wrongful death/employer liability suit arising out of private plane crash. Defense jury verdict after three week trial in Dallas County (2005).
- Defended equity investment firm in business dispute involving alleged breach of confidentiality agreement. Settled after two week jury trial in Dallas County (2004).
- Prosecuted land dispute on behalf of developer in Denton County. Jury verdict in favor of developer (2003).
- Defended major Dallas law firm in legal malpractice suit. Settled after one week jury trial in Dallas County (2003).
- Won defense jury verdict in securities fraud suit (co-defendants found liable in the cumulative amount of approximately $224 million), tried in federal district court in Dallas (2000).
- Won defense jury verdict in suit by employee against non-subscriber employer for personal injuries, tried in state court in Tarrant County, Texas (2000).
- Won defense judgment in jury trial involving claims under the Age Discrimination in Employment Act, tried in federal district court in Sherman (1999).
- Handled dismissal of class action involving approximately 60,000 employees of a national company, tried in state court in Tarrant County, Texas (1998).
- Won defense judgment in test case brought by the Department of Labor contesting independent contractor status of couriers, tried in federal district court in Dallas (1997); affirmed by the Fifth Circuit Court of Appeals, 161 F.3d 299 (5th Cir. 1998).
- Won dismissal of national class action litigation against major corporation involving accessibility issues under the Americans with Disabilities Act (1997).
- Tried approximately 85 jury cases in total.
- Community Partners of Dallas, Board of Trustees, 2010-Present
- Dallas Housing Finance Corporation, Board Member, 2006-Present
- Suicide and Crisis Center, Board Member 2001-2007; President, 2005-2007
- Named among The Best Lawyers in America®, (Copyright 2012 by Woodward/White, Inc., of Aiken, SC), 2013