Trials in employment cases are different than other types of civil trials. Lawyers can make critical mistakes if they attempt to present an employment case to a judge or jury the same way they would present a personal injury or commercial litigation case.
Kerry E. Notestine draws on his 20 years of trying employment cases, as well as the collective experience of Littler Mendelson's 750 lawyers, to address each phase of a trial. While the book was written from the employer's perspective, all lawyers can learn from his insights.
This book is a practical guide and the first definitive, full-length treatment of how to try employment cases. It is designed to prepare the seasoned employment lawyer, junior litigation associate, or personal injury lawyer for the unique aspects of trying an employment case. The book provides practical information for:
• Law firms that specialize in employment issues
• Employment departments of multi-practice firms
• Corporate legal departments
• Litigators who handle employment cases on a periodic basis
• Employment practices liability insurance lawyers
The companion CD-ROM contains the full text of the book as well as the full text of all cases referenced.
View the Table of Contents
Chapter 1: Introduction
Chapter 2: Developing a Theme for the Case
Chapter 3: Trial Preparation: Trial Notebook, Trial Brief & Pretiral Motions
Chapter 4: Voir Dire & Jury Selection
Chapter 5: Opening Statements
Chapter 6: Presentation of Evidence
Chapter 7: Experts
Chapter 8: Remedies
Chapter 9: Trial Motions & the Jury Charge
Chapter 10: Closing Arguments
Chapter 11: Arbitrations, Bench Trials & Injunction Proceedings
The book also includes samples of documents necessary for an employment law trial, such as:
- Trial Brief
- Motion in Limine
- Motion for Judgment as a Matter of Law
- Jury Charge
- Voir Dire Examination
- Opening Statement
- Witness Examinations
- Transcript of Closing Argument
Kerry Notestine
Kerry Notestine is a shareholder/partner with Littler Mendelson, P.C. in Houston, Texas. Littler Mendelson is the largest law firm in the United States representing management exclusively in the area of employment and labor law. He represents employers in all aspects of employment matters including: employment litigation under federal, state, and local antidiscrimination statutes and the common law; administrative proceedings before various federal and state governmental agencies, such as, the Equal Employment Opportunity Commission, the National Labor Relations Board, and the Occupational Safety and Health Administration; union/management relations; 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.
Mr. Notestine is a frequent writer and speaker on employment matters before business and professional groups. He has published articles in THE TEXAS LAWYER, THE HOUSTON LAWYER and LAW.COM as well as chapters in FUNDAMENTALS OF EMPLOYMENT LAW and THE PRACTITIONER'S GUIDE TO DEFENSE OF EPL CLAIMS. He is a member of the Texas State Bar and a former chair of the Employer/Employee Relations Committee of the Tort and Insurance Practice Section of the American Bar Association.
Mr. Notestine received his B.A. degree, cum laude from DePauw University in 1979, his J.D. from the University of Virginia School of Law in 1983, and his M.A. in Legal History from the University of Virginia in 1985. Prior to becoming a shareholder with Littler Mendelson, Mr. Notestine was an associate and partner with Bracewell & Patterson, LLP for fourteen years.