Biography

Ken Tapscott has 22 years of civil litigation experience in the areas of personal injury, premises liability, toxic torts, breach of contract, breach of fiduciary duty, fraud, Deceptive Trade Practice Act, securities litigation, insurance/coverage litigation, real estate/landlord-tenant, and professional malpractice (legal, medical, etc.).

From 2007-2018, Ken served as Judge of Dallas County Court at Law #4, a civil court with unlimited monetary jurisdiction. During his twelve-year service as Judge, he delivered more than 425 cases to jury verdict and decided more than 1500 non-jury trials, more than any other civil district or county court at law judge in Dallas County during that time period. As a judge his performance was regularly reviewed by the Dallas Bar Association, and he was consistently rated one of the best judges in Dallas County for his temperament, impartiality, preparation, speed of decision-making, and knowledge of the law.  He provides clients an honest assessment of their case and strong prosecution of any claim or defense that is needed.

Representative Experience

Significant “Affirmed” Decisions from the 5th District Court of Appeals:

  • Michael Miller v. Lone Star HMA, L.P. and Mesquite HMA General, LLC:  05-17-00954-CV (cc 15 04020 D):  Regarding the striking of Plaintiff’s expert on causation and the granting of summary judgment in a medical malpractice case.
  • Jose Hernandez v. Sun Crane and Hoist, Inc, JLB Partners, L.P., JLB Builders, LLC, Augur Drilling, Inc., and D’Ambra Construction Corporation:  05-17-00719-CV (CC 15 00715 D):  Regarding duty and control of general contractors on the worksite and summary judgment.
  • KMS Retail Rowlett, LP F/K/A KMS Retail Huntsville, LP v. The City of Rowlett:  05-16-00402-CV (cc 15 01323 D):  Regarding eminent domain and whether taking was for public use, evidentiary rulings, and attorney’s fees.
  • Mark Mills v. David Carlock, Blaise Gormley, and Jackie Milander:  05-16-01027-CV (CC 16 02498 D):  Regarding dismissal under Chapter 27 of the Texas Civil Practice and Remedies Code (anti-SLAAP) and sanctions/attorney’s fees.
  • Sheri Durham and Denise Jenkins, et al v. Children’s Medical Center of Dallas:  05-14-01464-CV (cc 11 01231 D):  Regarding issue of first impression and whether the Texas Constitution’s Open Courts Clause prevents the running of limitations against otherwise untimely filed survival and wrongful-death claims against her health-care providers.  Additionally, no genuine fact issues regarding fraudulent concealment.  Summary Judgment affirmed.
  • Barbara Sipriano v. Regional Finance Corporation of Texas and Abel Garcia:  05-15-00397-CV (CC 13 02841-D):  Regarding (non) waiver of right to arbitrate under allegations of substantially invoking the judicial process.
  • Bill Moore v. Panini America, Inc.:  05-15-01555-CV (CC 15 03079-D):  Regarding granting of summary judgment in DTPA, fraud, negligent misrepresentation, and successor liability for breach of contract and breach of warranty causes of action.
  • Hejin Hong v. Nations Renovations, LLC:  05-15-01036-CV (CC 14 00212 D):  Regarding appeal of final judgment after jury trial for breach of contract and quantum meruit claims.  Additionally, appeal of of directed verdict on counterclaims of DTPA, fraudulent inducement, and fraud.  Finally, appeal of attorney’s fee award and lack of segregation.
  • Elizabeth Jane Burks, et al v. John J. Duncan, PH.D, et al:  Regarding the striking of Plaintiff’s medical expert, the denial of a continuance, and the directing of a verdict in favor of Defendants in a medical malpractice case in which Plaintiff’s counsel announced “ready,” when they really were not…
  • Blackstone Medical, Inc. v. Phoenix Surgicals, LLC:  05-13-00870-CV (CC 11 00902 D):  Regarding an appeal of final judgment after jury trial involving issues of statute of frauds, breach of contract, promissory estoppel, and improper measure of damages.
  • Chris Gilbert and Glenn Janik v. Kate M. Moseley:  06-13-00081-CV (CC 13 02405 D):  Decision from the 6th District Court of Appeals after appeal transferred for docket equalization; Regarding monetary and death penalty sanctions.
  • Chan Park v. Exxon Mobil Corporation: 05-12-00856-CV (CC 11 02026 D):  Regarding summary judgment granted in a “Timberwalk” premises liability case.
  • James H. Owen v. Jim Allee Imports, Inc.:  05-10-01021-CV (CC 09-03189 ):  Regarding monetary sanctions against counsel for violations of TRCP 13, CPRC 10, and DTPA 17.50.

Education

  • University of Miami School of Law  (J.D., 1995)
  • University of Alabama-Huntsville  (B.S., 1992)
    • Business Administration
    • Magna Cum Laude

Bar Admissions

  • Texas, 1997
  • Indiana, 1997
  • Alabama, 1995

Court Admissions

  • United States District Court, Northern District of Texas

Professional and Community Activities

  • Dallas Bar Association, 1997-Present
  • Dallas Area Habitat for Humanity, Volunteer, 2005-Present
  • Dallas Bar Association High School Mock Trial Competition, Volunteer,  2007-2018
  • Annual volunteer for Dallas Bar Association and Habitat for Humanity Annual Build.
  • 2014 Judge Merrill Hartman Support Award Winner from Dallas Bar Association for consistent service with Habitat for Humanity.
  • “Core” Volunteer 2006-2011 (minimum 12 Saturdays per year), and annual volunteer 2012-present.
  • Courthouse Committee Co-Chair, 2009

Speeches and Presentations

  • Ten Tips (actually more) for Being a Better Litigator.  2017 presentation to Dallas Area Young Lawyers at monthly “Coffee with the Court.”
  • Trial Tips from the Bench. 1/11/17 Dallas Bar Association presentation with Judges Moye and Parker.  Moderated by Judge Greenberg.
  • Judge’s Panel at Texas Trial Lawyers Car Wreck Seminar.  October 6, 2016 panel discussion with Judges Ken Molberg and Bonnie Goldstein.  Moderated by Jason Franklin.
  • How to Better Litigate the Routine Car Wreck Case.  Advanced Personal Injury Law Course, 2015, Texas Bar CLE.  Panel discussion with Jim Cole and Mark Stradley.
  • New Local and State Rules from 2013 and 2014: An Update and Traps for the Unwary!  March 6, 2014 presentation and panel discussion  at Dallas Bar Association with Judge Martin Hoffman and Robert Tobey, moderator.
  • New Rules in Texas Civil Litigation CLE.  February 17, 2014 panel discussion at Dallas Bar Association with Judge Martin Hoffman and panelist Monica Latin.  Moderated by Elizabeth Wilson.  Hosted by DAABA, DHBA, JLTLA, and DAYL.
  • New Rules of Texas Civil Procedure.  March 13, 2013 presentation hosted by Wilson Elser firm.  Panelists with Chase Deits and Bill Akins.
  • New Civil Rules Are On The Way and Lawyers and Judges Need to Know Their Impact.  February 7, 2013 panel discussion with Judge Martin Hoffman, Keith O’Connell, Bryan Pope, and Robert Tobey concerning proposed 2013 civil rules of procedure.
  • What’s New and Different in the State Courts:  Don’t Go To Court Without These Tips.  September 2012 panel presentation at Dallas Bar Association Bench/Bar Retreat with Judges Tena Callahan, Tonya Parker, and John Creuzot.
  • Consumer and Commercial Law Course.  August 16, 2012 Texas Bar CLE judicial panel with Judges Craig Smith and Tonya Parker.  Moderated by Caren Locke.
  • The Proposed Rules on Expedited Trial and Motions to Dismiss.  June 7, 2012 panel discussion at Dallas Bar Association with Judges Carlos Cortez and Gena Slaughter, along with panelists Dan Worthington, Quentin Brogdon, and Jerry Fazio (moderator).
  • Advanced Personal Injury Course 2011.  July 8, 2011 presentation/panel discussion on “The Plaintiff:  The Most Neglected Witness” with Carmen Mitchell and Thomas Fee.
  • Conversation with Judges Ken Tapscott and Jim Jordan.  April 7, 2011 panel discussion hosted/moderated by Sean Hamada (Judiciary Committee of Dallas Bar Association) regarding court practices and successful trial strategies.
  • Civil Procedure:  A View From the Bench.  February 26, 2009 Lorman Educational CLE with panelists/Judges Cortez, Curry, Hoffman and Montgomery.
  • Hot Topics in Personal Injury and Insurance Litigation.  September 2008 panel discussion at Dallas Bar Association Bench/Bar Retreat.
  • Successful Strategies for New Lawyers.  September 4, 2008 panel discussion with Judge Royal Ferguson and Justices Catharina Haynes and Carolyn Wright.
  • What Civil Court Judges Want You to Know.  January 25, 2008 National Business Institute CLE with panelists/ Judges Ashby, Montgomery, Raggio, Murphy, Cortez, and Hoffman.
  • Practices and Procedures of Dallas County Judges.  July 25, 2007 panel discussion at Belo/Dallas Bar Association with Judges Carlos Cortez, Gena Slaughter, and King Fifer.

Professional Recognition

Reviewed by the Dallas Bar Association in 2009, 2011, 2013, 2015, and 2017 as one of the best civil judges in Dallas County.  The results of the polls may be found at http://www.dallasbar.org/judiciary