Thomas Manakides is an experienced litigator known for developing innovative strategies to tackle large and complex litigation matters with an emphasis on environmental and transnational issues. He represents multinational corporations across several industries, including food and agricultural, real estate, aerospace, and waste. Mr. Manakides has extensive courtroom experience in both trial and appellate courts and often advises clients on matters involving mass tort, regulatory enforcement and cost recovery actions.
Mass Tort Litigation. Mr. Manakides has deep experience providing strategic advice and litigating all phases of high-profile mass tort litigation matters across multiple industries and involving a wide-range of alleged sources—from benzene, methane, TCE, and DBCP to odor and noise, to name a few. Representative matters include:
* Represent Dole Food Company, Inc., Barclay Hollander Corporation and Oceanic Properties, Inc., against claims by approximately 1,500 property owners and other individuals alleging property damages and personal injuries based on negligence, nuisance and strict liability claims, among others, from alleged vapor intrusion of petroleum hydrocarbons, including benzene and methane, in a community in Carson, California. Mr. Manakides successfully cross-examined and obtained the exclusion of one of plaintiffs’ key experts with the trial court finding that this expert is "nothing better than the bogus expert rejected in People v. Johnson (1993) 19 Cal.App.4th 778, 790: An ‘expert whose testimony is not firmly anchored in some broader body of objective learning is just another lawyer, masquerading as a pundit. "Following that ruling, among others, a favorable settlement was reached.
* Represent Dole Food Company, Inc., against several actions in state and federal district courts filed by thousands of foreign plaintiffs residing in Central America and Asia who claim exposure to DBCP. Mr. Manakides provides advice and strategy on the global and day-to-day management of this litigation. He worked at the pleading stage to obtain a dismissal with prejudice on limitations grounds of nearly 3,000 plaintiffs from the Philippines who filed claims in California state court. Following oral argument before the Delaware state court, he obtained the dismissal of plaintiffs from Costa Rica, Panama and Ecuador based on Delaware’s first-filed rule. And he successfully obtained summary judgment against thousands of plaintiffs from Central America on limitations grounds in the United States District Court for the Eastern District of Louisiana and the United States District Court for the District of Delaware.
In addition, Mr. Manakides was a key member of the Gibson Dunn team, which unearthed a massive attorney-orchestrated fraud emanating from Nicaragua that was imported into California courts. This work culminated in a dismissal with prejudice of several California cases consolidated as Mejia v. Dole Food following a bench trial exposing the egregious fraud. Mr. Manakides also successfully defended, on appeal, a ruling in Tellez v. Dole Food vacating a jury verdict and the entry of a new judgment in Dole’s favor based on the post-trial discovery of fraud on the court and extortion of defendants.
* An important member of the Gibson Dunn team that defended Lockheed Martin in a large-scale and complex toxic tort action brought by 800 plaintiffs who alleged personal injury and property damages as a result of exposure to TCE and ammonium perchlorate in drinking water in a community in Redlands, California. The trial court dismissed the claims of all of the first-tier plaintiffs, and the appellate court affirmed.
* Represented Athens Services, a major waste collection and recycling company, in a mass tort and nuisance action on behalf of 87 plaintiffs alleging a myriad of personal injuries and property damages based on purported odor and noise, among other things, from Athens Services’ recycling facility. Following Mr. Manakides’ oral argument, the trial court completely eliminated the permanent nuisance claim along with the diminution of value damage claims, significantly undercutting plaintiffs’ case. The action was settled shortly thereafter.
Regulatory Enforcement. Mr. Manakides advises clients on best practices to navigate through various regulatory issues, including issues before the Regional and State Water Boards, South Coast Air Quality Management District, and the Division of Oil, Gas and Geothermal Resources. Representative non-confidential matters include:
* Mr. Manakides is co-lead trial counsel for Barclay Hollander Corporation in an administrative matter now pending before the Writs & Receivers Department of the Los Angeles Superior Court, seeking to vacate the Los Angeles Regional Water Quality Control Board’s Cleanup and Abatement Order naming Barclay Hollander a responsible party and discharger. Trial is set for the spring of 2017.
* Represented Athens Services in a regulatory enforcement action before the South Coast Air Quality Management District and against a complaint filed in Los Angeles Superior Court for civil penalties and injunctive relief that threatened to shut down Athens Services’ recycling facility based on alleged nuisance and Health & Safety Code violations stemming from purported odor and noise complaints, among other things. The proceedings were settled favorably following the administrative hearings and an initial round of briefing in the trial court.
Cost Recovery. Mr. Manakides is experienced in litigating disputes over cleanup costs and other damages associated with environmental contamination. Representative matters include:
* Obtained a complete defense judgment in favor of Athens Services arising from the alleged hauling of hazardous waste to the Cal Compact Landfill in Carson, California. The trial court granted summary judgment for Athens Services finding, among other things, that there was no triable issue of fact on successor liability. The decision was affirmed on appeal and the client recovered its costs.
* Obtained a complete defense judgment in favor of Racal Instruments, Inc. in a cost recovery action involving groundwater and soil contamination from TCE and PCE. After targeted and limited discovery, the trial court granted summary judgment for Racal Instruments and awarded allowable defense costs.
Appellate Matters. Mr. Manakides briefs and argues appellate matters, often in conjunction with the Firm’s appellate practice group, that stem from his trial work. Most recently, he argued an appeal before the Court of Appeal, Second Appellate District, Division Three involving, among other things, a claim under California Government Code section 1090. Following Mr. Manakides’ oral argument, the Court of Appeal issued its published opinion in the client’s favor on two of the three issues. The petitioner filed a petition for review before the California Supreme Court, which was denied, and the appellate decision is now final.
Community Involvement. Mr. Manakides sits on the Board of Directors, is a member of the Executive Committee, and is Co-Chair for the Orange County Child Abuse Prevention Center, which serves at-risk children and families in crisis to prevent and break the generational cycle of child abuse. Mr. Manakides is also on the Board of Directors for the Public Law Center, Orange County’s non-profit pro bono law firm that provides access to justice for low-income residents.
Mr. Manakides dedicates significant time to pro bono matters. Mr. Manakides spent two months participating in the Trial Attorney Partnership Program in conjunction with the Orange County District Attorney’s Office, gaining valuable trial experience. He also represented the Council for Endangered Species Act Reliability to compel the United States to act on a listing petition for the delta smelt under the Endangered Species Act. In addition, Mr. Manaki
