For more than 15 years, Jason Michael Kirby has helped hundreds of clients in litigation cases throughout Southern California.  During that entire time, his primary practice area has been business litigation.  Every year since 2013, Kirby has been listed as one of the Top Lawyers for Business Litigation by San Diego Magazine.

Kirby is a plaintiff's lawyer and a defense lawyer rolled into one.  He has spent his entire career partnered with or working with some of the best lawyers in San Diego.  He is now a founder and the managing partner of KIRBY & KIRBY LLP. 

During his career, Kirby has tried numerous jury trials, bench trials, and arbitration cases as both lead counsel and co-counsel.  He remains firmly convinced that doing both plaintiff's work and defense work provides him with a deeper understanding of how evidence will be viewed by the ultimate trier of fact.  

As lead trial counsel in a plaintiff's case, Kirby obtained a $2.3 million jury verdict in the San Diego Superior Court that included more than $1.1 million in punitive damages.  As trial counsel in a defense case, Kirby and his former partner zeroed multi-million dollar damage claims against numerous plaintiffs in a wrongful death/personal injury case in the same Court.    

Kirby is rated AV Preeminent® by Martindale-Hubbel®, which reflects the highest level of professional excellence.  His rating is measured by those lawyers in San Diego that have worked with him and against him on his cases.  His rating and lawyer feedback about him is publicly available at www.martindale.com.  

Kirby has at one time or another been involved in every type of case listed in the Firm's practice areas section. Kirby has represented Fortune 500 companies, banks, real estate developers, business entrepreneurs, utilities, officers, directors, trustees, individuals, and every form of business.  

Kirby is a native San Diegan.  He started his legal career as an intern and then associate at Post, Kirby, Noonan & Sweat.  He then became a partner of Kirby, Noonan, Lance & Hoge in 2007, after its name change.  He remained with the firm until it was dissolved.  On July 1, 2016, Kirby and his father started KIRBY & KIRBY LLP together.  While in law school, he served as a full-time law clerk at the San Diego Superior Court for the Honorable J. Richard Haden (Ret.), an independent calendar judge assigned to a full civil litigation case load.  

His wife, Jill E. Kirby, is an employment defense attorney in San Diego.  Kirby enjoys surfing, skiing, snowboarding, playing music, and simply being at home with his family. 

Education

  • California Western School of Law, J.D., 2001
  • University of Arizona, B.S., 1995

Professional Memberships and Activities

  • San Diego County Bar Association
  • American Inns of Court
  • Association of Business Trial Lawyers
  • Federal Bar Association, San Diego Chapter

 

Notable Case Achievements

 

  • Fraud: Arbitration

       Represented purchaser of a dental practice in La Jolla in fraud action against seller that resulted in undoing purchase              agreement and award of attorneys' fees

  • Personal Injury/Wrongful Death: Trial

Defended client in jury trial against multi-million dollar personal injury and wrongful death claims that resulted in a complete verdict for the firm’s client

  • Real Estate: Settlement

Represented national real estate developer in resolving an easement dispute that threatened to derail the construction of San Diego’s new FBI building in Sorrento Valley

  • Employment: Arbitration

Represented former CEO in claims against corporation for breach of executive employment agreement, resulting in a six-figure arbitration award

  • Investment: Trial

Successfully tried investment fraud case resulting in jury verdict in excess of $2 million, including more than $1 million in punitive damages

  • Banking/Lending: Trial

Represented private lender in jury trial against private borrower that resulted in jury verdict in excess of $500,000

  • Commercial Goods: Settlement

Defended plastic card manufacturer against breach of contract claims

  • Personal Injury/Wrongful Death: Settlement

Represented family in wrongful death action against trucking company that resulted in a multimillion settlement

  • Real Estate: Arbitration

Represented real estate developer in arbitration that resulted in an award granting hundreds of thousands of dollars in impact fees for a build-to-suit project in Carlsbad

  • Employment: Settlement

Defended former CEO of golf company against multimillion indemnification claims by former employer

  • Real Estate: Settlement

Successfully recovered client’s investment funds in real estate deal

 

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