Litigation & trial practice

Manning Leaver has a strong expertise in defending consumer class action lawsuits. The key issues regarding such class actions are carefully evaluated and the appropriate strategy planned at the outset to respond to case developments, including resisting overly burdensome discovery, moving to strike inapproriate class claims or remedies, opposing class certification, and when appropriate, crafting a class settlement agreement.

Manning Leaver litigates complex commercial matters for its clients. Developing creative litigation strategies, extensive document review, thorough witness preparation, and the careful selection of expert witnesses are all a part of the firm’s services relating to this kind of litigation. 

Manning Leaver provides legal guidance to vehicle, motorcycle and truck dealers regarding all types of factory-dealer issues. Over the years our firm has developed the expertise to handle this very specialized area of law,  and has represented many vehicle, motorcycle and truck dealers before the California New Motor Vehicle Board. We have handled numerous protests from start to finish involving dealership terminations, add points, warranty and incentive audits, and relocation of dealerships. We can also help dealers negotiate contract terms with the manufacturers/distributors and advise dealers about their rights in the factory-dealer relationship.

Manning Leaver represents creditors in bankruptcy court proceedings. Assisting in the preparation of creditors’ claims, litigating contested creditor issues, and reviewing Chapter 11 plans are examples of the services the firm provides in these proceedings. 

Manning Leaver assists employers facing employee claims such as wrongful termination and discrimination in all aspects of litigation.

Manning Leaver provides complete legal services to clients litigating trade secret cases, including evaluation of the trade secret, and seeking or opposing injunctive relief which is often the key aspect of such cases.

Manning Leaver defends clients against personal injury and wrongful death claims. In litigating these claims, the firm reviews available insurance coverage analyzes the defenses which may be applicable to the case, consults with experts where appropriate, and considers other potentially responsible parties, all as part of developing a viable defense strategy. 

Claims for asbestos injuries continue to be filed against businesses, particularly automobile dealerships. A typical claim comes from a former employee claiming asbestos injury over years of repairing vehicles. These cases can be quite complex because of the number of parties involved in the asbestos exposure liability chain, such as manufacturers, suppliers, and end users. There is also the difficulty in locating liability and workers compensation insurance carriers, and the time the policies were in effect, to provide insurance coverage. Often there are questions about  the nature of the injuries, whether they were caused by asbestos exposure, and whether there are other contributing factors to the claimed injury. Manning Leaver has handled a number of these type cases and has the experience to raise all appropriate defenses to these types of claims and pursue other responsible parties for inemnity.

Manning Leaver provides representation regarding construction defect litigation. Key aspects of this representation include the review of potentially applicable insurance coverages, the identification of other potentially responsible parties, and consultation with expert witnesses.

Manning Leaver litigates franchise disputes before the California New Motor Vehicle Board and in state and federal courts. The firm’s keen understanding of the statutes that protect franchisees is a key part of this representation. See a description of these services by going to the Auto Dealer Practice section of the "Services" tab above.