Matthew L. Kirby

Attorney | Austin

Biography

Matthew’s practice focuses on civil litigation, with extensive experience at both the trial and appellate level handling a broad variety of consumer and corporate litigation.

Matthew has represented numerous companies and individuals, successfully prosecuting and defending multimillion dollar contract, real estate, and personal injury disputes, throughout Texas.  Matthew has defended cases involving breach of contract, asset purchase agreements, anti-trust allegations, trade secret misappropriation, fiber optic cable directional bore work, masonry and HVAC work, foundation work, and other construction defect claims.  He has successfully worked on appellate matters in the Texas First, Third, and Fourteenth Courts of Appeals, as well as in the Texas Supreme Court. With a strong work ethic, Matthew maintains high standards for and takes pride in any finished work product, leaving no stone unturned throughout his representation.

Education

  • University of Texas at Austin – J.D., 2015
  • University of Denver – B.A., magna cum laude, 2012

Recognitions & Distinctions

  • Outstanding Memorandum Award for Law School Section, resulting in membership in The Legal Research Board

Representative Experience

  • Obtained complete defense verdict as second chair in trial representing a hotel property management company in suit by injured patron during hotel pipe leak.
  • Obtained summary judgment for a law firm sued for tortious interference with contract.
  • Obtained summary judgment for HOA in declaratory judgment / deed restriction claim.
  • Obtained summary judgment for university sued by student for BOC, fraud, and IIED.
  • Obtained ruling striking damages expert in construction defect case resulting in damages model being cut by approximately $10 million.
  • Successful defense of US Subsidiary of Japanese Corporation in anti-trust and contractual interference suit, defeating antitrust allegations in SJ proceedings, resulting in six figure settlement.
  • Prosecution of complex arbitration / high-dollar contract dispute, resulting in six figure settlement.
  • Successful defense of South Korean subsidiary corporation in high-dollar contract dispute to satisfactory settlement, including overturning default judgment via a Restricted Appeal.
  • Prosecution of high-profile Civil Rights 1983 Claim to settlement; successfully defending MTD for qualified immunity.
  • Representation of property owners in multi-million dollar dispute with Developer; successfully defended Developer mandamus appeals to Third COA and Texas Supreme Court.

Memberships & Affiliations

  • Member of the Austin Bar
  • Member of the Texas Young Lawyers Association
  • Member of the Litigation Section of the Texas Bar
  • The Review of Litigation (Staff Editor Vol. 33; Associate Editor Vol. 34)

Admissions

  • State Bar of Texas

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