Articles

Dan L. Schaap

Shareholder

Underwood, Wilson, Berry, Stein, and Johnson, P.C.
500 S. Taylor, Suite 1200
Amarillo, TX 79101
(806) 379-0307
(806) 349-9482 fax
Dan.Schaap@uwlaw.com

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With more than 20 years of civil litigation practice since completing a two-year commitment as a briefing attorney for the Amarillo Federal Court, Mr. Schaap has handled and tried a broad range of civil litigation in both the federal and state courts of Texas. As a natural consequence of his pre-law education and experience as a hospital pharmacist, the initial focus of Mr. Schaap's practice is in the personal injury and health care arenas, including the defense of extended care facilities such as nursing home and assisted living facilities. Mr. Schaap continues to handle such matters today. However, over the last several years, Mr. Schaap's practice has grown into a number of commercial litigation areas, including matters arising out of employment disputes, employment benefit disputes and residential and commercial construction. Mr. Schaap also frequently serves as counsel in appeals to both the federal and state appellate courts in these areas.

Practice Concentration and Experience

Health Care

• Defense of medical malpractice lawsuits against long-term care facilities, including nursing homes and assisted living facilities
• Defense of medical malpractice lawsuits against hospitals, and related entities.

Civil Appeals

• Appeals to Texas Seventh Court of Appeals and Texas Supreme Court
• Appeals to the United States Fifth Circuit Court of Appeals

Employment Litigation and Employee Welfare Benefit Plans

• Representation of employers in defending claims filed under state and federal laws involving discrimination (age, race, sex, disability, and national origin)
• Wrongful discharge/retaliation claims
• Consulting with Employers in creating and managing Employee Welfare Benefit Plans

Construction

• Representation in residential and commercial building construction defects
• Represented insurers and claimants in first-party claims arising out of disputes over coverage provided under standard insurance policies for construction related problems, including homeowners, general liability and professional liability policies
• Represented construction entities and building owners in litigation involving mold-related damages claims.

Activities and Affiliations

• Admitted to the State Bar of Texas by the Supreme Court of Texas, 1984
• Admitted to practice before all Texas state courts
• Admitted to practice in the Northern District of Texas
• Admitted to practice in the United States Court of Appeals, Fifth Circuit
• Fellow, Texas Bar Foundation
• Member, Amarillo Bar Association
• Paul Harris Fellow, Rotary International Foundation
• Member, Canyon Rotary Club
• Adjunct Professor, Amarillo Community College, Court Reporting Program, 1997-1999.

Publications and Presentations

Website Articles


• Fifth Circuit Rules on Validity of FMLA Notice Regulations
• Don't pay me now, don't pay me later (unless I complain now)
• The Texas Supreme Court Sheds Some Light on Underinsured Motorist Claims
• Sexual Harassment
• Arbitration
• Exhaustion of Administrative Remedy
• Dependent Care Assistance Plan Regulations
• "Tort Reform Jeopardy," presented at AAYLA'S 6th Annual Las Vegas CLE, 19 February 2005
• "Indemnity, Contribution, and Settlement Credits, a/k/a Utts, I did it again," presented to the AAYLA's Fourth Annual Las Vegas CLE
• "Sexual Harassment and Other Forms of Discrimination," presented to the Floydada Independent School District, 14 August 2003
• "Sexual Harassment in the Workplace," presented at the Region XVI Seminar, 14 January 2003
• "Nursing Industry in Critical Condition: High Insurance Premiums, Jury Awards are Crushing Blows," Texas Lawyer, 9 April 2001
• "The 'New' Civil Discovery Rules Revisited," presented at the ABA/AAYLA Second Annual Las Vegas CLE, 6 February 2001
• "Medical Malpractice Overview," presented to the Panhandle Association of Medical Services, September 2000

Education

• J.D. Texas Tech University School of Law, 1984
• cum laude
• B.S. Southwestern Oklahoma State University School of Pharmacy, 1978
• summa cum laude