Attorney Experience

Kelly stewart

Kelly has more than 30 years' experience representing companies and individuals in a wide variety of complex commercial, products liability and toxic tort litigation in state, federal, and arbitral forums. He has served as national coordinating counsel in multi-district litigation and has developed and advised clients on and implemented litigation strategies for high-stakes litigation. Kelly also has substantial experience with e-discovery data retention, collection, and processing. He is Peer Review rated AV® Preeminent™ (5.0 out of 5.0)—the highest rating by Martindale-Hubbell©.

Prior to forming K Stewart Law, Kelly was a litigation partner at Jones Day in Dallas, Texas.

Select Prior Representations

Business and Commercial Litigation

Represented online internet travel companies in litigation where Texas city sought to hold companies liable for hotel occupancy taxes under local ordinances; obtained summary judgment in favor of the online internet travel companies, which was upheld by appellate courts and was key to defeating $85+ million judgment in another case.
Obtained favorable jury verdict against individual for breaching contract with co-owner of nail salon.
Obtained favorable jury verdict for transportation logistics provider for breach of transportation agreement.
Helped obtain multi-million dollar jury verdict for fraud against individual and company that fraudulently induced elderly couple into loaning money.
Obtained favorable jury verdict against Internet service provider based on water damage caused to home of client.
Obtained temporary restraining order for product merchandiser in suit against former employee for breach of fiduciary duty based on improper use of trade secrets.
Defeated in federal court third-party subpoena issued by major technology company against product seller.
Defeated Texas Citizens Participating Act (anti-SLAPP) motion to dismiss filed by current officers and directors of auto paint-repair company; represented shareholder in breach of fiduciary duty claim against those officers and directors.
Arbitrated claim against synthetic bone graft material distributor, where German manufacturer of material claimed distributor violated international distribution and marketing agreement.
Arbitrated claims by pool service provider against former franchisees.
Arbitrated breach of contract claim against game developer by former employee.
Arbitrated unpaid tax issue by seller of property against purchaser.
Represented hotel in wrongful death claim, where murder of hotel clerk by hotel guest was blamed on inadequate security.
Represented individuals in major residential construction disputes.
Obtained temporary injunction for buyer of food-delivery services against sellers.
Obtained temporary restraining order for fast food restaurant in claim of theft of trade secrets based on improper use of food preparation table.
Obtained and defended temporary restraining orders in various employment-related disputes.
Represented dry cleaning and laundry franchise in claims against defaulting franchisees.
Represented franchisee in breach of contract case against franchisor.
Represented gas pipeline company in adversary proceeding in bankruptcy court against fraud and breach of duty of good faith claims based on alleged misrepresentations in natural gas pipeline transaction.
Represented gasoline pump manufacturer in arbitration seeking indemnification for property damages arising from gasoline spill, where damages were blamed on alleged defective repair of gasoline pump.
Represented lender in pursuing claims, including a receivership, against borrowers in bankruptcy and state courts.
Represented various individuals in contract dispute before Industrial Relations Commission, New South Wales, Australia.
Represented financial advisory services company in breach of fiduciary duty claims arising during chapter 11 bankruptcy case.
Represented debtor in arbitration claims stemming from the chapter 11 restructuring of the then largest animal-feed producer in the U.S., involving more than $750 million in debt.
Represented chemical manufacturer in property damage case, where property damage from ammonium perchlorate was blamed on failure to warn of the chemical's hazards when sold to entity using the chemical on property.
Represented lessee of property in personal-injury action where injuries from 29-foot fall were blamed on lessee's improper control of the premises.
Represented financial advisory services company as garnishee in garnishment proceedings.
Obtained disqualification of counsel of opposing party in multiple lawsuits filed by assisted living center developers and managers.
Represented high-end moving and storage company in breach of contract and defamation claims against other moving company.

Product Liability and Toxic Tort Litigation

Represented major chemical company in suits involving claims that plaintiffs’ alleged brain damages, cancer and birth defects were caused by exposure to trichloroethylene and 1,1,1 trichloroethane.
Led defense of major chemical company in more than four dozen toxic tort suits nationwide involving claims that vinyl chloride caused plaintiffs' cancers and other diseases. Coordinated multi-jurisdictional defense with numerous other defendants and defended industry-wide conspiracy claims based on allegations that industry conspired to hide health effects of vinyl chloride.
Represented major chemical company in suits involving claims that movement disorders caused by exposure to methylene chloride.
Represented major chemical company in suits involving claims that lung injuries were caused by exposure to sulfur monochloride.
Obtained summary judgment of claims against major chemical manufacture based on alleged trichloroethylene exposure.
Represented pest control company in cases involving claims that pesticides were improperly applied and caused serious personal injuries
Represented toy manufacturer and retailers in connection with a number of U.S. federal and state and foreign lawsuits and regulatory actions arising out of voluntary recalls of toys due to lead paint.
Represented rifle manufacturer in personal-injury cases in which rifles allegedly failed upon firing.
Represented diesel engine manufacturer in wrongful death and personal-injury action, where four burn deaths and other personal injuries were blamed on diesel engine overspeed, fire and explosion.
Represented furnace manufacturer against wrongful death and personal-injury action where furnace was alleged to be defectively designed.
Represented gas line pipe-coupler manufacturer in personal-injury action where burn injuries to four adolescents were blamed on defective pipe-coupler.

Other Select Representations

Seconded at a public building-facilities services company with American and international operations—acted as Deputy General Counsel, handling litigation and business disputes, contract review, counseling on commercial law issues, and other general corporate matters.
Obtained favorable Texas Attorney General Opinion for software developer on viability of its business model.
Represented transportation logistics provider in suit alleging violations of Uniformed Services Employment and Reemployment Rights Act.
Represented individuals in suit against former employer for gender discrimination, defamation and interference claims.
Represented microchip manufacturer in breach of license agreement and patent infringement case.
Represented power turbine manufacturer in age discrimination claim.
Argued appeal of judgment to the U.S. Court of Appeals for the Fifth Circuit in race and age discrimination case against semi-conductor manufacturer.
Argued appeals in Texas Fifth District Court of Appeals (Dallas) and Texas Second District Court of Appeals (Fort Worth).