Kenneth A. Manning , Esq., JAMS Mediator and Arbitrator

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 as a “Best Lawyer” in Mediation in 2025, 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 has handled discrimination and hostile work environment claims, workplace fraud, and corporate shareholder and whistleblower disputes. 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); see also appellate decision in related case of Matter of Treece, 2025 NY Slip Op 04371 (4th Dep’t Jul. 25, 2025) (Mr. Manning argued the case at the trial court level and was affirmed on appeal)

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®
- Mediation, Buffalo, 2025
- 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
Doctor of Humane Letters (L.H.D.), Medaille University, 2023
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, 2025
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 and Media Mentions

“Ken Manning, Super Lawyer at Phillips Lytle for Decades,” The Niagara Reporter, Jul. 29, 2025
“Leading Buffalo Attorney Moves on from Phillips Lytle to Mediation Job,” BuffaloNews.com, Jun. 30, 2025
Co-Author, “2nd Circ. Baby Food Ruling Disregards FDA’s Expertise,” Law 360, Mar. 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, Apr. 2015
Co-Author, “Operational Issue for Medical Marijuana Producers,” Buffalo Law Journal, Jul. 2015
Co-Author, “Summary of New York State Class Actions in 2011,” New York Law Journal, Mar. 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, Apr. 2018, Mar. 2019, Mar. 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

Member, Mediator Panel, United States District Court for the Western District of New York
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
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, Daemen University
Board Member, Suneel’s Light Foundation
Board Chair, Bison Hockey Association
Board Member, Counsel, Buffalo Citizens Academy
Board Member, Cleveland Hill Education Foundation
Board Member, New York State Continuing Legal Education (CLE)
Board Member, OmniSeq
Board Member, Roswell Park Comprehensive Cancer Center
Board Member, Volunteer Lawyers Project
Member, Committee to Revise Federal Court Local Rules, Western District of New York
Member, Community Advisory Board, Daemen University
Member, New York State Commission on Judicial Nomination
Member, New York State’s Fourth Department Judicial Screening Committee
Member, Citizens Academy, FBI Community Partnership Program
Member, 100 Club of Buffalo
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
President, Gyro Club of Buffalo, Inc.

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

Kenneth A. Manning , Esq.

Representative Matters

Honors, Memberships, and Professional Activities

Background and Education

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Kenneth A. Manning, Esq., Joins JAMS in New York

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