Kenneth A. Manning, Esq., joined JAMS in 2025 after a distinguished career as an advocate and mediator. As a litigator, Mr. Manning handled high-impact cases in toxic tort, product liability, government operations, corporate governance and class actions. He advised a diverse mix of clients across industries, including oil and gas, agriculture, hospitality, healthcare and chemical manufacturing, and achieved results for individuals in catastrophic personal injury cases, government operations matters and complex trust disputes. He represented clients across the nation at the trial and appellate levels, including appeals before all four of the New York State Appellate Divisions, and the state’s highest court, the New York Court of Appeals.

Publications and the practicing bar consistently rate Mr. Manning as an elite lawyer and strategist. Before he joined JAMS, Chambers and Partners named him to its highest tier (Band 1) of General Commercial Litigators in its USA Guide each year from 2019 to 2025. Chambers’s reviewers describe him as “a superior strategist with extensive relationships” and “a power lawyer capable of directing any litigation matter." Reviewers have also highlighted Mr. Manning’s “‘steady hand’ [and] voice of reason” and his “wealth of knowledge on the EQ [emotional intelligence] side.” He is lauded as an individual who is “considerate and trustworthy” and who “always provides wise advice.” He also garnered recognition from The Best Lawyers in America^® (Buffalo), which named him Municipal “Lawyer of the Year” in Litigation in 2025 and “Lawyer of the Year” for “Bet-the-Company Litigation” in 2015, 2017, 2019, 2021 and 2023.

Mr. Manning brought his litigation experience to bear to become a coveted mediator in New York state. Serving on the Western District of New York federal mediation panel, he handled discrimination and hostile work environment claims, workplace fraud, and corporate shareholder and whistleblower disputes. And as an appointed neutral for Erie County Surrogate’s Court ADR program, he mediated complex trusts and estates matters, including family disputes over large estates and litigation involving charitable foundations. His practical approach has earned him a reputation as an effective mediator with the vision to facilitate creative compromises.

As a trained engineer, Mr. Manning brings a unique perspective to legal disputes. His background helped him navigate complex disputes in the energy and chemical treatment industries, including several high-stakes cases for the largest natural gas utility in Western New York.

Mr. Manning is also active in his community, having served as a former board member of the Roswell Park Comprehensive Cancer Center for 14 years. For the past nine years, he has also served as chair or vice chair of the Board of Directors of the Buffalo and Fort Erie Peace Bridge Authority.

Representative Matters

• Business Commercial

As a private practitioner:

• Obtained reversal of decision that denied summary judgment to plaintiff in an action seeking to recover on two promissory notes and guarantees executed by the defendants in purchasing their business; see Birjukow v. Niagara Coating Servs., 165 A.D.3d 1586 (4th Dep’t 2018)
• Obtained reversal of grant of summary judgment for defendant in suit seeking to enforce plaintiff’s contractual right of first refusal to purchase a commercial building; the decision reaffirmed the rule of tax estoppel, which prevents parties from taking a position in litigation that is contrary to one taken in a tax return; see Amalfi v. 428 Co., 153 A.D.3d 1610 (4th Dep’t 2017)
• Represented large commercial dairy producer in successful challenge to a municipal regulation purporting to restrict the producer’s logistical operations, ultimately achieving favorable result in negotiated settlement; see Sorrento Lactalis, Inc. v. Polanski, 72 A.D.3d 1619, 899 N.Y.S.2d 685 (4th Dep’t 2010)
• Civil Rights

As a private practitioner:

• Successfully obtained affirmance of dismissal of petition for writ of habeas corpus filed on behalf of Happy the Elephant, residing at the Bronx Zoo, with the New York State Court of Appeals establishing uniform rule in New York that animals are not entitled to habeas corpus relief because such relief is limited to “persons”; see NonHuman Rights Project v. Breheny, 38 N.Y.3d 555 (2022)
• Class Action & Mass Tort

As a private practitioner:

• Successfully argued unsettled question of law certified by the United States Court of Appeals for the Second Circuit in a decision recognizing cross-jurisdictional tolling in New York for absent class members of putative class actions filed in other state and federal courts until it is no longer objectively reasonable for such members to rely on the putative class action to protect their interests; see Chavez v. Occidental Chem. Corp., 35 N.Y.3d 492 (2020)
• Represented manufacturer of grain storage structures and successfully moved to decertify a nationwide class of plaintiffs alleging the manufacturer sold defective products; see Ilhardt v. A.O. Smith, 168 F.R.D. 613 (S. D. Ohio 1996)
• Represented self-storage company as national counsel in federal class action alleging consumer-fraud claims in New Jersey District Court matter; see Castro v. Sovran Self-Storage Inc., 114 F. Supp. 3d 204 (D.N.J. 2015) (ultimately resolved via court-approved class action settlement in 2018)
• Defended product manufacturer in putative class action for allegedly defective fire doors; see Buffalo Municipal Hous. Auth. v. Eljo Prods., Inc., 164 A.D.2d 969 (4th Dep’t 1990) dismissed following remand (Erie County Sup. Ct., 1994) (Joslin, J.S.C.)
• Construction

As a private practitioner:

• Represented public benefit corporation in a series of litigations brought by contractor for breach of public construction contract on New York State Department of Environmental Conservation (DEC) Brownfield site and obtained reversal of three successive trial court orders on appeal, resulting in summary judgment; see DiPizio Constr. Co. v. Erie Canal Harbor Dev. Corp., 120 A.D.3d 905 (4th Dep’t 2014); DiPizio Constr. Co. v. Erie Canal Harbor Dev. Corp., 109 A.D.3d 909 (4th Dep’t 2014); DiPizio Constr. Co. v. Erie Canal Harbor Dev. Corp., 120 A.D.3d 911 (4th Dep’t 2014)
• Employment Law

As a mediator:

• Mediated complex whistleblower retaliation case in the U.S. District Court for the Western District of New York following a ruling by the Second Circuit that reinstated plaintiff’s claims; in a publicized case with external challenges and political implications, Mr. Manning worked with the parties to reach a final resolution of plaintiff’s primary claim as well as cross-claims between the defendants
• Energy & Utilities

As a private practitioner:

• Represented energy service company in New York CPLR Article 78 proceeding challenging the Public Service Commission’s (PSC) order for the company to re-rate customers affected by a rate modification; the decision established the rule that the PSC does not exceed its jurisdiction by interpreting relevant provision(s) in a sales agreement to determine whether a company complied with the agreement’s terms and Uniform Business Practices; see Matter of Marathon Power LLC v. Public Serv. Comm., 209 A.D.3d 1245 (3d Dep’t 2022)
• Won summary judgment as counsel for plaintiffs—natural gas transportation and pipeline companies—against New York state authorities in a decision holding that the Supremacy Clause of the United States Constitution preempted attempts by the state to stop plaintiffs from developing an interstate natural gas pipeline; see Empire Pipeline, Inc. v. New York State Dept. of Environmental Conservation, New York Supreme Court, Niagara County, Index No. E161542/20
• Achieved summary judgment for energy company against advocacy group on claim for trespass and dismissal of claims against company for attorneys’ fees under anti-SLAPP (Strategic Lawsuits Against Public Participation) law; achieved an affirmance of the trial court decision on appeal to the New York Appellate Division, Fourth Department; see National Fuel Gas Distribution Corp. v. PUSH Buffalo, 104 A.D.3d 1307 (4th Dep’t 2013)
• Defended religious organization—as assignee of natural gas lease—in claim by lessor of gas rights for breach of lease and related tort claims; achieved pre-answer dismissal and affirmance on appeal to the United States Court of Appeals for the Second Circuit; see Poplar Lane Farm LLC v. Father of Our Lady of Mercy, 449 Fed. App’x 57 (2d Cir. 2011)
• Defended natural gas exploration and production company in class action brought by New York and Pennsylvania plaintiffs concerning disputed natural gas royalty payments; see LaBarte v. Seneca Resources Corp., K1-2000-129 (Sup Ct., Chautauqua Cnty 2006)
• Estate Probate Trusts

As a mediator:

• Mediated estate litigation arising in New York’s Erie County Surrogate’s Court over a disputed piece of commercial real estate; the case involved conflicting terms between the decedent’s will and a prenuptial agreement; three separate beneficiaries asserted divergent interests and intentions; Mr. Manning developed a practical approach to the dispute, with buy-in from all parties to ultimately have the property listed and liquidated, facilitating a final resolution in which the material bequests of the will were funded and all parties were satisfied

As a private practitioner:

• Represented attorney trustee of $147 million charitable trust in appeal of denial of preliminary injunction; obtained preliminary injunction from New York State Appellate Division that maintained attorney trustee’s position pending final resolution of the appeal, before decision of Surrogate’s Court was ultimately affirmed on grounds of irreparable harm; see Matter of P. & E.T. Foundation, 204 A.D.3d 1460 (4th Dep’t 2022)
• Product Liability

As a private practitioner:

• Successfully prosecuted declaratory judgment action determining the rights of a chemical company as owner in fee of mineral rights including salt deposits in Genesee and Wyoming counties, New York; see Occidental Chemical Corporation v. James E. Wilkins & Sons, Inc., et al., Sup. Ct. Gen. Co. 1998 – Index No.: 46213

Honors, Memberships, and Professional Activities

Selected Awards and Honors

• Chambers USA: America’s Leading Lawyers for Business, 2016–2025
  • Band 1-USA Guide: Litigation: General Commercial, 2019–2025
• The Best Lawyers in America®
  • Litigation-Municipal “Lawyer of the Year,” Buffalo, 2025
  •  Bet-the-Company Litigation “Lawyer of the Year,” Buffalo, 2015, 2017, 2019, 2021, 2023
  • Personal Injury Litigation-Defendants’ “Lawyer of the Year,” Buffalo, 2016
• Upstate New York Super Lawyers® List, 2007–2024
  • Top 50 Lawyer, 2011, 2015–2020, 2022–2024
• Distinguished Alumni Award, University at Buffalo School of Law, 2023
• America’s Top 100 Civil Defense Litigators®, Upstate New York, 2018–2022
• Pro Bono Award, Western District of New York Federal Court, 2022
• Pro Bono Honor Roll, United States District Court for the Western District of New York, 2021, 2024
• Citation Award, National Federation for Just Communities, 2020
• Legal Elite of WNY, Business First of Buffalo and Buffalo Law Journal, 2013, 2015–2018, 2020–2024
• New York State Bar Association Empire State Counsel® Program for Pro Bono Work, 2011–2013, 2016–2018, 2020
• Lawyer of the Year Award, Bar Association of Erie County, 2017
• Honored for Participation in the Joint Seminar Program of the Appellate Divisions for the First and Second Judicial Departments, 2012
• President’s Pro Bono Service Award, New York State Bar Association, Eighth Judicial District, 2008
• University at Buffalo Philip B. Wels Outstanding Service Award, 2005
• NCCJ Brotherhood/Sisterhood Award for Outstanding Leadership in Promoting Goodwill and Understanding in Our Community, 2004
• University at Buffalo Law Alumni Association Distinguished Alumnus Award for
  Leadership by Example as a Private Practitioner, 2002
• America’s Top 100 Attorneys® Lifetime Achievement, Upstate New York
• AV Preeminent Rating, Martindale-Hubbell
• Dress For Success Buffalo Vanguard Award
• Fellow, The New York Bar Foundation
• Fellow, American Bar Foundation

Selected Publications

• Co-Author, “2nd Circ. Baby Food Ruling Disregards FDA’s Expertise,” Law 360, March 25, 2024
  Author, “Settlement.” In N.A. Goldberg & J.P. Freedenberg (eds.), Preparing for and Trying the Civil Lawsuit 24-1, 2018
• Co-Author, “Guest Column: Campus Sexual Assault Awareness,” Buffalo Law Journal, April 2015
• Co-Author, “Operational Issue for Medical Marijuana Producers,” Buffalo Law Journal, July 2015
• Co-Author, “Summary of New York State Class Actions in 2011,” New York Law Journal, March 12, 2013
• Author, Management of Class Actions. In R.G. Clingman, Litigation Management 5-1 (2010)
• Co-Author, “Rulings in 2009 in Class Actions Under CPLR Article 9,” New York Law Journal, Feb. 25, 2010
• Co-Author, “Computer-Assisted Handwriting Analysis: Interaction with Legal Issues in U.S. Courts.” In Geradts, Franke, and Veenman (eds) Computational Forensics. IWCF 2009
• Co-Author, “Class actions Under CPLR Art. 9 in 2007,” New York Law Journal, Jan. 18, 2008
• Co-Author, “State or Federal Court: The Commencement or Removal of Civil Cases in New York,” 1 Federal Courts Law Review 465, 2006

Selected Speaking Engagements

• Speaker, “Litigating Police & Prison Abuse Cases,” Four-Part Series, Phillips Lytle and Minority Bar of Western New York, Oct. and Nov. 2021
• Guest Speaker, “Engineering Impact on Society,“ University at Buffalo School of
  Engineering and Applied Sciences, Feb. 2017, April 2018, March 2019, March 2020
• Moderator, “Border Improvements Briefing, Workshops & Networking with 50+ U.S. & Canadian Border Officials,” “Can-Am Border Improvements Leadership Briefing,” International Trade Day, Nov. 2018 and Nov. 2019
• Moderator, “How Will Education Supply Meet Business Demand?” Buffalo Business First, State of the Region Seminar, Sept. 2018
• Moderator, “From JCOPE to #MeToo: Helping Municipalities Stay Ahead of Today’s Changing Environment,” Phillips Lytle Seminar, Aug. 2018
• Panelist, “Class Action Settlements: Hot Topics in 2016 and Beyond,” The Knowledge Group Webcast, Oct. 2016

Professional Associations

• Member, American Bar Association
  • Section of Dispute Resolution
  • Litigation Section
• Member, Bar Association of Erie County
  • Endowment Fund Committee
• Member, Commission on Independent Colleges and Universities (CICU)
• Member, The Historical Society of the Courts of the State of New York
• Member, Litigation Counsel of America™
  • Member, Trial Law Institute
  • Member, Diversity Law Institute
  • Advocate, Order of Certus
• Member, National Association of College and University Attorneys
• Sustaining Member, New York State Bar Association
  • Commercial and Federal Litigation Section (COMFED)
  • Dispute Resolution Section
  • Torts, Insurance and Compensation Law Section
• Member, Class Action Committee
  • Court Structure and Operations Committee
• Member, Alumni Association, State University of New York at Buffalo Law School

Professional Activities

• Buffalo and Fort Erie Public Bridge Authority
  • Chair, Board of Directors, 2018, 2020, 2022, 2024
  • Vice Chair, Board of Directors, 2017, 2019, 2021, 2023, 2025
• Member, Community Advisory Board, Daemen University
• Member, New York State Commission on Judicial Nomination
• Member, New York State’s Fourth Department Judicial Screening Committee
• State University of New York at Buffalo Law School
  • Member and President, Alumni Association, 1999–2000
  • Dean’s Advisory Council, 1999–2025 (member emeritus)
• Board Member, Suneel’s Light Foundation, Board Member
• Member, Mediator Panel, United States District Court for the Western District of New York
• Board Chair, Bison Hockey Association
• Board Member, and Counsel, Buffalo Citizens Academy
• Board Member, Cleveland Hill Education Foundation
• Member, Citizens Academy, FBI Community Partnership Program
• President, Gyro Club of Buffalo, Inc.
• Board Member, New York State Continuing Legal Education (CLE)
• Board Member, OmniSeq
• Member, 100 Club of Buffalo
• Board Member, Roswell Park Comprehensive Cancer Center
• State University of New York at Buffalo Engineering School
  • Member and Chair, Dean’s Advisory Council
• Vice President, Suneel’s Light Foundation
• President, New York Nu Chapter, Tau Beta Pi
• Board Member, Volunteer Lawyers Project
• Member, Committee to Revise Federal Court Local Rules, Western District of New York

Background and Education

• Phillips Lytle LLP, 1979–2025
  • Of Counsel
  • Partner
  • Co-Leader, Class Action, Higher Education and Government Operations Teams
• Clerkship, Hon. Reid S. Moule, New York State Supreme Court, Appellate Division, Fourth Department, 1977–1979
• J.D., State University of New York at Buffalo Law School, 1977
• M.S., Electrical Engineering Science, State University of New York at Buffalo Engineering School, 2009
• B.S., summa cum laude, State University of New York at Buffalo Engineering School, 1974

Bar Admissions

• New York
• U.S. District Court, Northern, Southern, Eastern and Western Districts of New York
• U.S. Court of Appeals, Second and Third Circuits
• U.S. Supreme Court