Jacob A. Manning - Dinsmore

 
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Jacob A. Manning
                                     Partner
                                     jacob.manning@dinsmore.com

                                     Wheeling, WV
                                     Tel: (304) 230-1604

Jacob advises board of education clients on a variety of matters related to education law. He drafts and reviews
contracts, drafts policies, and handles a variety of special education issues and due process matters. Jacob is
versed in Title IX and has conducted investigations and assisted both Title IX coordinators and decision-makers
with their roles. He frequently answers questions on a variety of education topics and presents on topics including
the Open Governmental Proceedings Act, FERPA, Title IX, special education, and student discipline among other
matters.

Outside of his education law practice, Jacob drafts and reviews contracts for domestic and cross-border clients.
As a representative to the UN Commission on International Trade Law he has negotiated cross-border
transactions and litigated a variety of disputes.

Services
    •   International Business
    •   Litigation
    •   Appellate
    •   Education Industry
    •   International Dispute Resolution

Education
    •   George Mason University School of Law (J.D., 2004)
          o National Moot Court Competition, Region IV, First Place Team, Best Oral Advocate and Best Brief
             (2003)
           o National Moot Court Competition, octofinalist, final rounds (2004)
    •   University of Notre Dame (B.A., 2001)

Bar Admissions
    •   West Virginia
•   Ohio
    •   Pennsylvania

Court Admissions
    •   U.S. Court of Appeals for the Fourth Circuit
    •   U.S. Court of Appeals for the Sixth Circuit
    •   U.S. District Court for the Northern District of West Virginia
    •   U.S. District Court for the Southern District of West Virginia
    •   U.S. District Court for the Northern District of Ohio
    •   U.S. District Court for the Southern District of Ohio

Affiliations/Memberships
    •   Documentary Credit World, scam survey editor
    •   West Virginia University School of Law, Appellate Advocacy, adjunct lecturer
    •   United Nations Commission on International Trade Law, group of experts meetings on commercial fraud
    •   Greater Wheeling Coalition for the Homeless, president, Board of Directors
    •   West Virginia District Export Council
    •   Task Force on Model ISP98 Governmentally Mandated Standbys, co-chair
    •   HOH Share, Inc., Board of Directors
    •   Catholic Charities Neighborhood Center Advisory Council
    •   Leadership West Virginia, Class of 2016

Distinctions
    •   Generation Next 40 Under 40 by The State Journal (2011)
    •   West Virginia Rising Stars®
    •   Export Compliance Professional - EAR (ECoP®)

Experience
Progressive Minerals, Inc. v. Muhammad Haroon Rashid, et al., Civ. Action No. 5:07 CV 108, 2009 U.S. Dist.
LEXIS 90437 (N.D. WV 2009)
The Court found in the favor of the firm's client, Progressive Minerals, Inc., in a tort action alleging that the
defendants defrauded the client in a mineral transaction in West Virginia.

Lead Counsel in Class Action Personal Injury Litigation
Denise served as lead counsel in a personal injury litigation filed on behalf of 19 coal preparation plant workers
alleging personal injuries, including cancer, reproductive toxicity, genotoxicity, neurological, including peripheral
neuropathy, and CNS damage.

After nearly one decade of fierce litigation, all claims were dismissed based on Summary Judgment Motions or by
the court on other grounds.

Lead Counsel in Defense of Medical Monitoring Class Action Suit
Denise served as lead counsel in defense of a medical monitoring class action lawsuit filed by coal-preparation
plant workers alleging exposure to polyacrylamide flocculant.

International Arbitration
We represented a scrap steel company in International arbitration before the American Arbitration Association
concerning alleged breach of several sale contracts by an Indian company.

Dinsmore attorneys prepared the case for its final hearing but were able to negotiate a favorable settlement
before the client incurred the fees associated with a final hearing, and one that resulted in payment to the client
quickly without protracted litigation in India. Because we were cognizant of legal costs and processes throughout
the case, the result was a quick recovery for the client, but reached in a cost-effective manner.

Adoption Proceeding
Represented foster parents who were attempting to adopt the foster child that had been living with them for
almost three years. The maternal grandmother of the child, who had been named in the original abuse and
neglect petition, was also attempting to adopt the child. The West Virginia Department of Health and Human
Resources recommended that the child be removed from the foster parents and adopted by the grandmother. The
Guardian ad Litem recommended that the child remain where he was and be adopted by the foster parents. We
presented the only expert testimony that the child’s best interest was served by remaining with the foster parents
and being adopted by them. The Circuit Court ordered the child to be immediately removed from the foster
parents and placed with the grandmother for adoption. We filed an appeal to the West Virginia Supreme Court.
The Supreme Court overturned the Circuit Court and found that it had not properly considered the best interest of
the child, which supersedes the grandparent preference in both the DHHR policies and case law, in making its
ruling. The Supreme Court ordered that the child be returned to the foster parents and placed with them for
adoption. The grandmother and DHHR filed a motion for rehearing that was denied by the Supreme Court. The
clients are in the process of moving forward with the adoption.

Publications
August 5, 2021
Mandatory Reporting in West Virginia

July 27, 2021
Personnel Deadlines for the 2021-2022 School Year
June 23, 2021
Supreme Court: Schools Are Limited in Regulation of Off-Campus Speech

June 17, 2021
US Department of Education Interprets Title IX to Protect Against Discrimination Based on Sexual
Orientation and Gender Identity

April 21, 2021
More Open Enrollment Changes for Nonresident Transfers

March 29, 2021
Finally: Clarification on ECCAT 'Issues'

March 9, 2021
President Biden’s Executive Order Requires Review of Sex Discrimination in Education

June 8, 2020
Changes to Title IX Regulations Applicable to School Districts

April 29, 2020
Secretary DeVos Rejects Calls for Waivers – School Districts Must Comply with IDEA and Section 504

April 9, 2020
Boards of Education Need to Consider Soon How They’ll Address Charter School Applications

April 2, 2020
HB 4925 Allows Interscholastic Participation of Home School Students

March 31, 2020
The Alex Miller Law Requires Defibrillators at School Athletic Events

March 31, 2020
Construction Impacted by Coronavirus? Know Your Lien Rights

March 26, 2020
A County Superintendent’s Duty to Report

March 17, 2020
Coronavirus and the Open Meetings Act
West Virginia Ethics Commission

May 22, 2019
A Refresher on the Personnel Provisions of Classroom Teachers on the Preferred Recall List

May 1, 2019
Senate Bill 632: Cameras in Special Education Classrooms and Changes to W. Va. Code 18A-2-8

March 15, 2019
New Advisory Opinion from Ethics Commission Impacts Substitute Teachers

April 3, 2018
Education bills bring changes to West Virginia school operations

November 29, 2017
The Supreme Court of Appeals of West Virginia Rules the WVSCMRA Does Not Abrogate Common Law
Waivers of Subjacent Support

September 9, 2016
Can Schools Force Students to Stand for the Pledge?

August 11, 2016
Is Your County’s Automated Dialer System FCC Compliant?

August 5, 2014
Task Force on Governmentally-Mandated Standby Letters of Credit
West Virginia Banker

July 1, 2014
Governmentally Mandated Standby Letters of Credit: Update
ABA Commercial Law Newsletter

June 26, 2014
Recognizing Boycott Requests in International Transactions

June 26, 2014
ICDR Releases Revised Rules for Arbitration and Mediation

April 10, 2014
U.S. Supreme Court Decision Reinstates $185 Million Arbitral Award

January 7, 2014
Supreme Court Opinion Instructs on the Enforcement of Forum-Selection Clauses

December 3, 2013
Risks and Benefits to Using Escrow Services in International Trade

November 6, 2013
UK Announces Policy Shift in Pursuing Corruption and Bribery

August 29, 2013
Brazil Passes Anti-Bribery Bill: Key Aspects for Companies

August 29, 2013
American Bar Association Resolution Addresses Application of Forum Non Conveniens in International
Arbitration
March 27, 2012
Russia Accedes to OECD Anti-Bribery Convention

March 27, 2012
Will the Bank Payment Obligation Gain Traction in 2012?
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