Kenneth A. Manning, Phillips Lytle Partner

Kenneth A. Manning

Partner
Buffalo
(716) 847-7041
kmanning@phillipslytle.com
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Mr. Manning has experience in bet-the-company corporate and commercial litigation, including dissolution proceedings, employment termination disputes and controversies involving the sale of goods and services. In addition to personal injury and wrongful death claims involving products liability, workplace accidents, negligence and environmental exposure experience, Mr. Manning has prosecuted and defended class actions in both state and federal courts. Mr. Manning also has experience in challenges to governmental actions, including taxes and assessments, as well as actions for declaratory relief. Mr. Manning also concentrates his practice in the area of education law and is the Leader of Phillips Lytle’s Education Practice Team.

Admitted to Practice

  • New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Western District of New York
  • U.S. Supreme Court

Honors & Awards

  • Lawyer of the Year Award, Bar Association of Erie County, 2017
  • Listed as a Leading Individual in Chambers USA: Americas Leading Lawyers for Business, 2016-2017
  • Selected for America’s Top 100 Attorneys® Lifetime Achievement, Upstate New York
  • Selected for America’s Top 100 Civil Defense Litigators®, Upstate New York, 2018
  • New York State Bar Association President’s Pro Bono Service Award, Eighth Judicial District 2008
  • Martindale Hubbel AV Preeminent Rating
  • Listed in The Best Lawyers in America©
    • Named “Lawyer of the Year” for Buffalo Personal Injury Litigation – Defendants, 2016
    • Named “Lawyer of the Year” for Buffalo Bet-the-Company Litigation, 2015
  • Selected for the Upstate New York Super Lawyers® list, 2007-2017
    • Named Top 50 Lawyer, 2011
  • Listed in Legal Elite of WNYBusiness First of Buffalo and Buffalo Law Journal, 2013, 2015-2017
  • University at Buffalo Law Alumni Association 2002 distinguished alumnus award for leadership by example as a private practitioner
  • NCCJ Brotherhood/Sisterhood award for outstanding leadership in promoting goodwill and understanding in our community, 2004
  • Honoree of the New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2011-2013, 2016
  • Honored for participation in the Joint Seminar Program of the Appellate Divisions for the First & Second Judicial Departments, 2012
  • Dress For Success Buffalo, Vanguard Award

Education

  • State University of New York at Buffalo Law School, J.D., 1977
  • State University of New York at Buffalo Engineering School, M.S., Electrical Engineering, 2009
  • State University of New York at Buffalo Engineering School, B.S., summa cum laude, 1974

Judicial Clerkships

  • Hon. Reid S. Moule, New York State Supreme Court, Appellate Division, Fourth Department, 1977-1979

Professional Associations

  • American Bar Association
    • The Fellows
    • Litigation Section; Torts, Insurance and Practice Section
  • Bar Association of Erie County
    • Endowment Fund Committee
  • The Historical Society of the Courts of the State of New York
  • New York State Bar Association
    • Commercial and Federal Litigation Section
    • Torts, Insurance and Compensation Law Section, Class Action Committee
    • Court Structure and Operations Committee
  • National Association of College and University Attorneys
  • Western District of New York, Committee to Revise Federal Court Local Rules – 2000

Representative Cases

  • Hispanic Leadership Fund, Inc. v. Walsh, 42 F. Supp. 3d 365 (N.D.N.Y. 2014)
  • Hispanic Leadership Fund, Inc. v. Walsh, No. 12-cv-1337, 2013 WL 5423855 (N.D.N.Y. Sept. 26, 2013)
  • DiPizio Constr. Co., Inc. v. Erie Canal Harbor Dev. Corp., 120 A.D.3d 905, 991 N.Y.S.2d 683 (4th Dep’t 2014)
  • DiPizio Constr. Co., Inc. v. Erie Canal Harbor Dev. Corp., 109 A.D.3d 909, 991 N.Y.S.2d 199 (4th Dep’t 2014)
  • DiPizio Constr. Co., Inc. v. Erie Canal Harbor Dev. Corp., 120 A.D.3d 911, 990 N.Y.S.2d 426 (4th Dep’t 2014)
  • Constantine v. Stella Maris Ins. Co., Ltd., 97 A.D.3d 1129, 948 N.Y.S.2d 802 (4th Dep’t 2012)
  • Constantine v. Stella Maris Ins. Co., Ltd., 128 A.D.3d 1360, 8 N.Y.S.3d 749 (4th Dep’t 2015)
  • Nat’l Fuel Gas Distribution Corp. v. PUSH Buffalo, 104 A.D.3d 1307, 962 N.Y.S.2d 559 (4th Dep’t 2013)
  • Sorrento Lactalis, Inc. v. Polanski, 72 A.D.3d 1619, 899 N.Y.S.2d 685 (4th Dep’t 2010)
  • Held v. Workers’ Compensation Board, Declaratory Judgment Action (Supreme Court, Albany County), Index No.: 2943-08, May 20, 2010
  • Held v. Workers’ Compensation Board, Article 78 Proceeding (Supreme Court, Albany County) Index No.: 2957-08, July 7, 2008
  • Nuara v. Workers’ Compensation Board, (Supreme Court, Albany County), Index No.: 5076-08, February 11, 2010
  • Nesslin v. Medaille College (Supreme Court, Erie County), Index No.: 6446/06, November 20, 2006
  • Munabi v. Abrams (Supreme Court, Erie County), aff’d 199 A.D.2d 1037 (4th Dept. 1993)
  • People v. National Fuel Gas Distribution Corporation, 10 Misc 3d 516 (Erie County Court 2005), rev’g 1 Misc 3d 857
  • FS Kids, LLC v. Compensation Risk Management LLC, NYS Supreme Court, Erie County, Index No.: 11268/2008, 3/11/10
  • St. Joseph Hospital v. Berger Commission, 43 A.D.3d 139 (4th Dep’t 2007)
  • Matter of Shea’s v. Estate of Drapanas, 39 A.D.3d 1272, 832 N.Y.S.2d 856
  • Matter of Baynes v. City of Lackawanna, NYS Supreme Court, Erie County, Index No.: 1129/2009, 8/23/10
  • City of Buffalo v. National Fuel Gas Distribution Corporation, 90 A.D. 2d 691(4th Dept.), 455 N.Y.S. 2d 1021, 1982 N.Y. App. Div. LEXIS 18790
  • Joseph Joyce v. Diane Wagner, W.D.N.Y. 1984 – Civ. No. 84-0115E
  • City of Buffalo v. Jacek A. Wysocki, 110 A.D. 2d 1052(4th Dept.), 489 N.Y.S. 2d 134, 1985 N.Y. App. Div. LEXIS 48929
  • Sharon Steel v. National Fuel, 872 F. 2d 36(3rd Circuit), 1989 U.S. App. LEXIS 4339
  • Board of Education of the Depew-Union Free School District v. Depew Teachers, 167 A.D. 2d 906(4th Dept.), 562 N.Y.S. 2d 274, 1990 N.Y. App. Div. LEXIS 14473
  • U.S. Air Group, Inc. v. Bernardo, 175 A.D.2d 642(4th Dept.), 572 N.Y.S.2d 271, 1991 N.Y. App. Div. LEXIS 10182
  • Morgan v. A.O. Smith, 233 A.D. 2d 375(2nd Dept.), 650 N.Y.S. 2d 748, 1996 N.Y. App. Div. LEXIS 11608
  • Ilhardt v. A.O. Smith, 168 F.R.D. 613(S. D. Ohio), 1996 U.S. Dist. LEXIS 19098, 36 Fed. R. Serv. 3d (Callaghan) 986
  • Occidental Chemical Corporation v. James E. Wilkins & Sons, Inc., et al., Sup. Ct. Gen. Co. 1998 – Index No.: 46213
  • Data-Track Account Services, Inc. v. Curtis W. Lee, 291 A.D. 2d 827 (4th Dept.), 736 N.Y.S. 2d 558, 2002 N.Y. App. Div. LEXIS 973

Present Activities

  • Peace Bridge Authority, Vice Chairman
  • Roswell Park Cancer Institute, Board Member (2008-Present)
  • Suneel’s Light Foundation, Vice President
  • New York State Continuing Legal Education (CLE), Board Member
  • State University of New York at Buffalo Law School
    • Alumni Association, Member and President (1999-2000)
    • Dean’s Advisory Council (Fall 1999-Present)
  • Daemen College Community Advisory Board, Member
  • FBI Community Partnership Program, Citizens Academy, Member (2000)
  • New York State’s Fourth Department Judicial Screening Committee

Past Activities

  • State University of New York at Buffalo Engineering School
    • Dean’s Advisory Council Former Chair, Former Member
  • Bison Hockey Association, Former Board Chair
  • Cleveland Hill Education Foundation, Former Board Member
  • One Hundred Club of Buffalo, Former Member
  • Gyro Club of Buffalo, Inc., Past President
  • Volunteer Lawyers Project, Board Member
  • Tau Beta Pi, New York Nu Chapter, Past President
  • Buffalo Citizens Academy, Board Member and Counsel