Emphasis
Employment Litigation
Employment Law Counseling and Training
Downsizing and Release Issues
Covenants-Not-to-Compete and Trade Secrets
Union/Management Relations
Employment Aspects of Mergers and Acquisitions
Biography
Kerry E. Notestine represents employers in all aspects of employment matters including employment litigation under federal, state, and local anti-discrimination statutes and the common law; administrative proceedings before various federal and state governmental agencies charged with enforcement of employment laws; counseling employers regarding employment issues particularly reductions in force; and the employment aspects of mergers and acquisitions. Mr. Notestine is board certified in Labor and Employment Law by the Texas Board of Legal Specialization. Prior to becoming a shareholder with Littler Mendelson, PC, Mr. Notestine was an associate and partner with Bracewell & Patterson, LLP (now Bracewell & Giuliani, LLP) for fourteen years. Mr. Notestine's book, Employment Law Trials: A Practical Guide, published in 2005 by LexisNexis Publishing, is a leading work on the trials of employment cases. He is listed in various years in Best Lawyers in America and as a Texas Super Lawyer.
Education
J.D., University of Virginia, 1983
M.A., Legal History, University of Virginia, 1985
B.A., DePauw University, cum laude, 1979
Lectures & Presentations
Mr. Notestine is a frequent writer and speaker on employment matters before business and professional groups.
Activities
Mr. Notestine is a member of the Texas State Bar. He is also a former chair of the Employer/Employee Relations Committee of the Tort and Insurance Practice Section of the American Bar Association and a board member of the Labor and Employment Law Committee of the Houston Bar Association.
Cases/Courts/Judges
Mr. Notestine is admitted to practice before the bar of the United States Supreme Court; Courts of Appeals for the 3rd, 5th, 10th and D.C. Circuits; the Federal District Courts for the Southern, Northern, Western and Eastern Districts of Texas; The Federal District Courts of Colorado; and the Courts of the State of Texas.
Litigation Experience
Mr. Notestine has tried 18 lawsuits to verdict in federal and state courts, including one class action, and has represented companies in more than 20 administrative trials, non-labor arbitrations, and labor arbitrations. Mr. Notestine's trials include: Evans v. Sterling Chemicals, November 2009 (ERISA class action relating to denial of retiree medical benefits, federal bench trial); Reyes v. EZCorp., November 2007 (FLSA misclassification, federal jury trial); Studer v Technip Offshore, Inc., February 2007 (wrongful termination, defamation/ disparagement/tortious interference counterclaims, state jury trial); Davis v. Sterling Bank, March 2005 (breach of non-competition agreement, state bench trial); Bryant v. Compass Group, February 2004 (unlawful discrimination and retaliation, federal jury trial); Stow v. Dimension Data Holdings PLC and Proxicom, Inc. October 2003 (breach of employment agreement; federal jury trial); Wu v. Stone & Webster Engineering Corporation, February, 2000 (national origin discrimination; federal jury trial); Cormack v. Aspen Technology, Inc., January 1999 (denial of employment benefits; state jury trial); Rutherford v. Talent Tree Staffing Services, May, 1998 (age discrimination and breach of employment contract, state jury trial); Carter v. Synergistics, Inc., February, 1997 (workers' compensation retaliation, state bench trial); EEOC v. MCI Communication, Inc. 820 F.Supp 300 (S.D. Tex. 1993)(retaliation; federal bench trial); Severson v. Setpoint, Inc., November, 1993 (age discrimination; federal jury trial); Westerkamp v. Intamix Corp., June, 1991 (personal injury, national origin discrimination, and handicap discrimination; state jury trial); Reeves v MCI Telecommunications Corp., March 1991 (race discrimination; federal bench trial); Corbell v. Alexander & Alexander, Inc., November, 1989, (wrongful termination; state jury trial); Vo v. National Convenience Stores, June, 1087, (national origin discrimination; federal bench trial); Cage v. Aminoil, Inc., April, 1985 (wrongful termination and defamation; state bench trial); Locke. v. The Kroger Co., February, 1984 (age discrimination; federal jury trial).
He also has represented companies in more than twenty appeals. Some of his published appellate work includes: Ortiz v. Stone & Webster Inc., 250 Fed. Appx. 603 (5th Cir. 2007), Grice v. FMC Technologies, 216 Fed. Appx. 401 (5th Cir. 2007); Bryant v. Compass Group, 413 F.3d 471 (5th Cir. 2005), cert. denied, 126 S.Ct. 1027 (2006); Williams v. Phillips Petroleum Company, 23 F.3d 930 (5th Cir. 1994), cert. denied, 513 U.S. 1019 (1995); Reef Industries v. National Labor Relations Board, 952 F.2d 830 (5th Cir. 1991) and 952 F.2d 839 (5th Cir. 1992); Pope v. MCI Telecommunications Corporation, 937 F.2d 258 (5th Cir. 1991), cert. denied, 504 U.S. 916 (1992); Reeves v. MCI Telecommunications Corporation, 909 F.2d 144 (5th Cir. 1990); and Randall v. Arabian American Oil Company, 778 F.2d 1146 (5th Cir. 1985).
Other published decisions: Wilkerson v. Schirmer Engineering Corporation and Aon Corporation, 2009 U.S. Dist. Lexis 77234 (D. Colo. 2009)(Trustee's Motion to Dismiss); 2009 U.S. Dist. Lexis 77331 (D. Colo. 2009)(Trustee’s Motion to Intervene); 2009 U.S. Dist. Lexis 8351 (D. Colo. 2009)(Motion to Reopen Bankruptcy); 2007 U.S. Dist. Lexis 18208, 100 FEP Cases 485 (D. Colo. 2007)(Administrative Closure of Case); Franks v. FMC Technologies, 2009 U.S. Dist. Lexis 36092 (E.D. Miss. 2009)(Motion to Remand), 2008 U.S. Dist. Lexis 6702 (E.D. Miss. 2008)(Motion to Remand); In re Texas EZPawn Collective Action Litigation, 633 F.Supp. 2d 395 (S.D. Tex. 2008)(Motion for Partial Summary Judgment), 2008 U.S. Dist. Lexis 53636 (S.D. Tex. 2008)(Motion for Partial Summary Judgment), Hansen v. Aon Risk Services of Texas, Inc., 473 F.Supp.2d 743 (S.D. Tex. 2007)(Summary Judgment); Beaudoin v. Westlake Styrene, L.P., 2007 U.S. Dist. Lexis 95315 (W.D. La. 2007)(Summary Judgment); Reyes v. Texas EZPawn, L.P., 2007 U.S. Dist. Lexis 93056 (S.D. Tex. 2007)(Bill of Costs after Jury Trial), 2007 WL 101808 (S.D. Tex. 2007)(Motion for Decertification of Collective Action), 2007 U.S. Dist. Lexis 78846 (S.D. Tex. 2007)(Motion to Open and Close); 2007 U.S. Dist. Lexis 71335 (S.D. Tex. 2007)(Motion to Dismiss), 459 F.Supp.2d 546 (S.D. Tex. 2006)(Summary Judgment); Faison v. Texas EZ Pawn L.P., 2007 WL 1428639 (S.D. Tex. 2007)(Motion to Dismiss); Bald Ridge v. Utiliquest, LLC; 2005 U.S. Dist. Lexis 3335, (W.D. Tex. 2005)(Motion for Leave to Amend); Wright v. FMC Technologies, Inc.; 2005 U.S. Dist. Lexis 37417 (S.D. Tex. 2005)(Summary Judgment); Prather v. Utiliquest, LLC, 313 F.Supp.2d 666 (S.D. Tex. 2004)(Summary Judgement); Phillips Petroleum v. International Brotherhood of Boilermakers, 251 F.Supp.2d 1354, 172 LRRM (BNA) 2164 (S.D. Tex. 2003)(Summary Judgment); Beaubouef v. Phillips Petroleum Company, 147 F. Supp. 2d 654 (S.D. Tex 2001)(Summary Judgment); Knee v. EEX Corporation, 1999 U.S. Dist. Lexis 9359 (N.D. Tex. 1999)(Summary Judgment); EEOC v. River Oaks Imaging and Diagnostic, 67 FEP Cases (BNA) 1243 (S. D. Tex. 1992)(Injunction).
Mr. Notestine further has served as lead counsel representing companies in the defense of significant employment class/representative actions: Evans v. Sterling Chemicals, Inc. (claim of denial of retiree medical benefits under ERISA)(trial in federal district court in 2009); Reyes v. EZ Corp. (claim of misclassification of assistant store managers under the Fair Labor Standards Act)(trial of lead plaintiff's case in 2007); Connor v. Harris County (8000 member class action involving claims of race discrimination in hiring)(summary judgment reported at 1992 WL 337420 (S.D. Tex. 1992)); Williams v. Phillips Petroleum Company (1500 member class action involving claims of race and age discrimination and WARN violations in a mass layoff)(decision affirming summary judgment at 23 F.3d 930 (5th Cir. 1994)); EEOC v. Popeye’s Famous Fried Chicken & Biscuits (500 member class action involving claims of age discrimination in hiring). He also participated in the litigation team on two other significant class/representative actions, Mooney v. Aramco Services Company (Representative action under the ADEA involving over 150 plaintiffs)(appellate decision reported at 54 F.3d 1207 (5th Cir. 1995)); Terry v. Aminoil, Inc. (1500 member class action involving claims of sex discrimination in compensation and promotion).