About Kerry
Kerry E. Notestine represents employers in all aspects of employment matters, including litigation under federal, state, and local anti-discrimination statutes, as well as the common law; administrative proceedings before various federal and state government agencies; and counseling employers regarding employment issues, particularly leaves and reductions-in-force. Kerry’s book, Employment Law Trials: A Practical Guide, published in 2005 by LexisNexis Publishing, is a leading work on the trials of employment cases.Kerry has tried 19 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. His federal jury trials include:Multi-plaintiff race discrimination case involving nooses in the workplaceFair Labor Standards Act misclassification caseSeveral cases involving alleged unlawful discrimination and retaliationSeveral cases involving alleged breach of employment agreementsHe also handled a federal class action bench trial involving alleged denial of retiree medical benefits in violation of ERISA, as well as state jury trials involving claims of denial of employment benefits, unlawful discrimination and retaliation, employment law torts, and breach of employment contracts.Additionally, Kerry has represented employers in administrative law trials and arbitrations involving exempt status under the Washington wage and hour statute, retaliation under the Pipeline Safety Improvement Act, sexual harassment claims, and numerous matters relating to union/management relations.He also has litigated employment claims, in which the claimant alleged:Sexual harassmentRetaliation and workers’ compensation retaliationIntentional infliction of emotional distressAssault and defamationBreach of executive contract and severance rightsRace, national origin, religion, and gender discriminationDisability DiscriminationAge DiscriminationViolations of the Family and Medical Leave ActViolations of the Employee Retirement Income Security ActViolations of the Worker Adjustment and Retraining Notification ActDenial of employment benefitsHe has represented companies in more than 20 appeals.Kerry has obtained numerous published decisions, including dismissals, summary judgments, and motions for decertification of collective actions. He has served as lead counsel in the defense of significant employment class/representative actions, including:A claim of denial of retiree medical benefits under the Employee Retirement Income Security Act in federal district court involving 100 class membersA claim of misclassification of assistant store managers under the Fair Labor Standards Act involving 600 class membersAn 8,000-member class action involving claims of race discrimination in hiringWorker Adjustment Notification and Retraining Act violations in a mass layoff of 1,800 individualsA 500-member class action involving claims of age discrimination in hiringHe also participated in the litigation team on two other significant class/representative actions, one involving more than 150 plaintiffs in a representative action under the Age Discrimination in Employment Act and the other a 1,500-member class action involving claims of sex discrimination in compensation and promotion.Kerry's clients span the following industries:Oil and GasOil and Gas ServicesFinancial ServicesStaffingManufacturingA frequent writer and speaker on employment matters before business and professional groups, Kerry has authored more than 10 articles and book chapters on employment law topics.Kerry is the co-chair of Littler Mendelson's Profitability and Pricing Committee, a member of the EPLI Committee core group and a founding member of the Complex Litigation and Jury Trials Practice Group. Prior to becoming a shareholder at Littler, Kerry was an associate and partner with another firm for 14 years.
Kerry E. Notestine represents employers in all aspects of employment matters, including litigation under federal, state, and local anti-discrimination statutes, as well as the common law; administrative proceedings before various federal and state government agencies; and counseling employers regarding employment issues, particularly leaves and reductions-in-force. Kerry’s book, Employment Law Trials: A Practical Guide, published in 2005 by LexisNexis Publishing, is a leading work on the trials of employment cases.
Kerry has tried 19 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. His federal jury trials include:
He also handled a federal class action bench trial involving alleged denial of retiree medical benefits in violation of ERISA, as well as state jury trials involving claims of denial of employment benefits, unlawful discrimination and retaliation, employment law torts, and breach of employment contracts.
Additionally, Kerry has represented employers in administrative law trials and arbitrations involving exempt status under the Washington wage and hour statute, retaliation under the Pipeline Safety Improvement Act, sexual harassment claims, and numerous matters relating to union/management relations.
He also has litigated employment claims, in which the claimant alleged:
He has represented companies in more than 20 appeals.
Kerry has obtained numerous published decisions, including dismissals, summary judgments, and motions for decertification of collective actions. He has served as lead counsel in the defense of significant employment class/representative actions, including:
He also participated in the litigation team on two other significant class/representative actions, one involving more than 150 plaintiffs in a representative action under the Age Discrimination in Employment Act and the other a 1,500-member class action involving claims of sex discrimination in compensation and promotion.
Kerry's clients span the following industries:
A frequent writer and speaker on employment matters before business and professional groups, Kerry has authored more than 10 articles and book chapters on employment law topics.
Kerry is the co-chair of Littler Mendelson's Profitability and Pricing Committee, a member of the EPLI Committee core group and a founding member of the Complex Litigation and Jury Trials Practice Group. Prior to becoming a shareholder at Littler, Kerry was an associate and partner with another firm for 14 years.
Case History
Education
Professional Affiliations
Awards & Recognition
- Lawyer of the Year: Labor Law - Management, Houston (2019)
- Lawyer of the Year: Litigation - Labor and Employment, Houston (2013)
- Recognized: Employment Law - Management
- Recognized: Labor Law - Management
- Recognized: Litigation - Labor and Employment
- Special Focus: Arbitration and Mediation
- Special Focus: Class Actions
- Special Focus: Defense
- Special Focus: Discrimination
- Special Focus: Employee Benefits
- Special Focus: Harassment
- Special Focus: Layoffs
- Special Focus: Litigation
- Special Focus: Management
- Special Focus: OWBPA
- Special Focus: Reductions in Force
- Special Focus: State and Federal
- Special Focus: Title VII Litigation
- Special Focus: WARN
- Special Focus: Wrongful Discharge
- Named, Super Lawyer - Texas, 2003-2012