Practice Areas - Labor and Employment
- Unfair Competition, Restrictive Covenants, and Fiduciary Litigation
- Employment Litigation
- Counseling and Training
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- Affirmative Action Programs
- Labor and Employment Issues in Business Transactions
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| Contact Info | Telephone: 713-547-2044
Fax: 713-236-5571
http://www.haynesboone.com/Dean_Schaner/
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| University | Texas Tech University, B.A., cum laude, 1984 |
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| Law School | Creighton University School of Law, J.D., cum laude, 1987 |
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| Admitted | 1987, Nebraska and U.S. District Court, District of Nebraska; 1988, Texas; U.S. District Court, Northern, Eastern, Western and Southern Districts of Texas; U.S. Court of Appeals, Fifth, Eighth and Ninth Circuits; U.S. Supreme Court |
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| Born | Sioux City, Iowa |
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| Reported Cases | Simmons v. Wilcox, 911 F.2d 1077 (5th Cir. 1990) (adopting exhaustion of administrative remedies requirement in ERISA fiduciary breach/benefits claims lawsuit). Khavari v. Varo, Inc., No. 05-92-01733-CV, 1993 WL 84788 (Tex. App.-Dallas 1993) (affirming summary judgment in contract breach and tort claims arising out of employment termination). Geiger v. Varo, Inc., No. 05-93-1511-CV, 1994 WL 246159 (Tex. App.-Dallas 1994) (affirming summary judgment on multiple count sexual harassment and assault lawsuit). Nowlin v. Resolution Trust Corp., et al., 33 F.3d 498 (5th Cir. 1994) (affirming summary judgment for Haynes and Boone client, Mitchell Jobe, on scope of EEOC charge argument). Ellis v. NCNB Texas National Bank, 842 F. Supp. 243 (N.D. Tex. 1994) (granting summary judgment for financial institution in one of first whistleblower cases filed under the Financial Institutions Reform Recovery and Enforcement Act in which the plaintiff sought $6 million in damages; case was reported in the Big Suits section of the American Lawyer). Simien v. Chemical Waste Management, Inc., 30 F. Supp. 2d 939 (W.D.La. 1998), aff'd, 174 F.3d 199 (5th Cir. 1999) (affirming summary judgment in race discrimination lawsuit). Blanks and Breedlove v. Waste Management of Arkansas, Inc., 31 F. Supp. 2d 673 (W.D. Ark. 1998) (affirming summary judgment in nationwide class action case). Amos v. Wheelabrator Coal Services Co., 47 F. Supp. 2d 798 (N.D. Tex. 1999) (granting judgment as a matter of law in ADA lawsuit). Green v. Industrial Specialty Contractors, 1 S.W.3d 126 (Tex. App.-Houston [1st Dist.] Mar. 25, 1999) (affirming summary judgment in sex harassment case involving six alleged harassment incidents). Krug v. Caltex Petroleum Corporation, No. 05-96-0079-CV, 1999 WL 652495 (Tex. App.-Dallas 1999) (affirming jury verdict for the defense in fraud/contract class action lawsuit). Patitu v. NationsBank, N.A., 90 F. Supp.2d 781 (S.D. Tex. 2000) (granting summary judgment in national origin discrimination case). Tiemeyer v. Quality Publishing, Inc., 144 F. Supp. 2d 727 (S.D. Tex. 2001) (granting summary judgment in age discrimination case). Burgos v. Tex. Trude, et al., 286 F. Supp. 2d 812 (S.D. Tex. 2003) (granting motion to dismiss on ERISA preemption grounds). Bodine v. Employers Casualty Co., et al., 352 F.3d 245 (5th Cir. 2003) (affirming dismissal of ERISA lawsuit under anti-cutback and prohibited transaction ERISA provisions). Bourgeois v. The Pension Plan for the Employees of Santa Fe Int'l Corps., 308 F. Supp. 2d 761 (S.D. Tex. 2004) (granting summary judgment on pension benefits claim). Costello v. Bank of America, N.A., 2007 WL 4303499 (Tex. App.-Houston [14th Dist.] 2007) (affirming summary judgment on workers' compensation retaliation claim and rejecting "cat's paw" doctrine under Texas statute). St. John v. NCI Bldg. Systems, Inc., 537 F. Supp. 2d 848 (S.D. Tex. 2008) (granting summary judgment on plaintiff's ADA discrimination and retaliation claims). Mensa-Wilmot v. Smith International, Inc., 312 SW.3d 771, 2009 Tex. App. LEXIS 8944 (Tex. App. - [1st Dist.] Nov. 19, 2009) (affirming summary judgment for employer on plaintiff's non-qualified stock option claims under stock option agreements). Young v. Merrill Lynch & Co., __ F.3d. __, 2011 WL 4374986 (5th Cir. 2011) (holding that employer did not act arbitrarily, under New York law, in refusing to pay value of unexercised stock options to former executive because the executive's resignation was not a resignation for good reason after a change in control). Successfully argued over 20 cases before the Texas Courts of Appeal, and the United States Court of Appeals for the Fifth, Eighth and Ninth Circuits. |
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| ISLN | 904001493 |
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| Transactions | Successfully tried cases for employers in both Federal and Texas courts, including:; Defended national class action misclassification FLSA case involving officers of a mortgage company and financial institution; case successfully settled on favorable terms for the client.; Obtained numerous temporary restraining orders and injunctions for clients in non-competition agreement, unfair competition, trade secret, Computer Fraud Abuse Act, and inevitable disclosure cases.; Obtained a defense jury verdict for an oil and gas employer in a Texas state court, class action case in which the class plaintiffs sought $10 million in actual damages and $20 million in punitive damages. A Texas appeals court affirmed the defense verdict.; Defended class action employment discrimination and employee benefits lawsuits by preventing class certification and obtaining summary judgment on the merits. Several of the class actions sought nationwide class certification for thousands of putative plaintiffs.; Obtained jury verdicts for banking institutions, energy companies, and other employers on the merits of employee discrimination/wrongful discharge claims.; Convinced a Texas appeals court to adopt the after-acquired evidence doctrine, namely, the discovery of post-discharge employee misconduct to bar an employee's wrongful discharge claim. Jordan v. Johnson Controls, Inc., 881 S.W.2d 363 (Tex. App.--Dallas 1994).; Convinced a Texas appeals court to reject plaintiff's request to adopt the "cats-paw" doctrine in a workers' compensation retaliation lawsuit under Texas law. Costello v. Bank of America, N.A., 2007 WL 4303499 (Tex. App.--Houston [14th Dist.] 2007).; Convinced a Texas district judge to compel a plaintiff-former employee asserting whistleblower and slander claims to return numerous documents plaintiff downloaded without employer authorization to support plaintiff's claims. Plaintiff later dismissed his lawsuit with prejudice. |
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Documents by this lawyer on Martindale.com | |
NLRB Roundup Part 3: New Election Rules, Class Action Waivers and (Maybe?) Recess AppointmentsArthur T. Carter,A. John Harper,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, February 3, 2012 The National Labor Relations Board has had a busy few weeks. First, over the dissent of its sole Republican Member, Brian Hayes, it issued a final rule implementing new procedures for union elections. Second, it issued a decision in D.R. Horton, 357 NLRB No. 184 (January 3, 2012), a...
Update: NLRB Delays Notice Posting Rule’s Effective DateArthur T. Carter,Arrissa Meyer,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, December 29, 2011 On December 23, 2011, the National Labor Relations Board (NLRB) announced that it would postpone its requirement that employers post a notice informing employees of their federal labor law rights until April 30, 2012. As discussed in our NLRB Roundup Part 2, this rule requires physical posting of...
NLRB Roundup Part 2: Board’s Aggressive Agenda Unabated: Required Notice, Rulemaking, Social Media, and the Boeing CaseArthur T. Carter,Arrissa Meyer,Lawrence Morales,Dean J. Schaner,Alex Stevens,Jonathan C. Wilson, December 9, 2011 As promised, Part 2 of our NLRB Roundup takes a step back from the case law summarized in Part 1 to address other issues surrounding the current Board and its effect on the labor law landscape, including: (i) proposed comprehensive rules altering election procedures; (ii) the NLRB’s final...
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