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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