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Thomas A. Manakides

Thomas
Manakides

Partner

CONTACT INFO

tmanakides@gibsondunn.com

TEL:+1 949.451.4060

FAX:+1 949.475.4707

Orange County

3161 Michelson Drive, Suite 1200, Irvine, CA 92612-4412 USA

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PRACTICE

Environmental Litigation and Mass Tort Litigation Transnational Litigation

BIOGRAPHY

Thomas Manakides is an experienced litigator and trial attorney 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, oil and gas, and waste. Mr. Manakides has extensive courtroom experience in both trial and appellate courts and often advises clients on matters involving mass tort, environmental laws and enforcement and cost recovery actions.

Chambers USA 2022 recognized Mr. Manakides as a top attorney in Environment-California, noting that he is known for his experience in defending companies in high-stakes environmental litigation and he has particular expertise in matters concerning toxic tort and negligence claims.

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 The Boeing Company against claims primarily by property owners alleging damages stemming from the November 2018 Woolsey Fire in Southern California.
  • 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 Martinin 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, which 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.

Environmental Laws and Enforcement. Mr. Manakides advises clients on best practices to navigate through a variety of federal, state and local laws and regulations, including issues before the Regional and State Water Boards, South Coast Air Quality Management District, and the California Geologic Energy Management Division (CalGEM). Representative non-confidential matters include:

  • Represented Barclay Hollander Corporationin challenging the Los Angeles Regional Water Quality Control Board’s Cleanup and Abatement Order naming Barclay Hollander a responsible party and discharger.
  • Represented Athens Servicesin 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.
  • Advice in connection with California’s Proposition 65, including warning and labeling requirements.

Oil and gas litigation: Mr. Manakides is experienced in litigating upstream oil and gas issues. He currently represents Chevron U.S.A. Inc. in defense of claims for negligence and private nuisance and trespass, by a neighboring oil operator purportedly arising from Chevron’s cyclic steam operations. Chevron filed a cross-complaint in May 2017. The action was tried in Kern County Superior Court in 2021 and is currently on appeal.

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 Servicesarising 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 and administrative work. Most recently, he argued an appeal before the California Court of Appeal, Second Appellate District involving a challenge to a cleanup and abatement order.

Community Involvement. Mr. Manakides sits on the Board of Directors for The Priority 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. Manakides successfully pursued an action on behalf of a pro bono client who alleged claims for false imprisonment and the California Labor Code. After the trial court denied defendants’ motion to dismiss, the action was settled favorably for the client.

Education and Background. Mr. Manakides received his law degree from the University of Southern California Law School, where he was a member of the Order of the Coif. At USC, he was the Submission Editor for the Southern California Law Review. He graduated magna cum laude from Pepperdine University earning his B.A. degree in Political Science.

Mr. Manakides is admitted to practice in the State of California, before the United States District Courts for the Central District of California, the Eastern District of California and the Southern District of California, and before the United States Court of Appeals for the Ninth and Fifth Circuits.

EDUCATION

University of Southern California - 2003 Juris Doctor

Pepperdine University - 2000 Bachelor of Arts

ADMISSIONS

California Bar

RECENT PUBLICATIONS

Client Alert - January 5, 2023 | Omnibus Electric Vehicle Update
Article - December 9, 2022 | Calif. EV Battery Recycling Plans Could Set National Trend
Article - March 28, 2022 | Calif. Cities’ Drilling Bans May Face Pushback In State Courts
Article - June 2, 2021 | Roundup Case Shows State Law Can Top Preemption Defense
Client Alert - December 1, 2020 | California Air Resources Board Approves Significant Changes to Stationary Source Emissions Reporting Requirements, Increasing Number of Reportable Chemicals to 1,300
Client Alert - November 18, 2020 | California Air Resources Board Releases Draft Annual Evaluation of Fuel Cell Electric Vehicle & Hydrogen Fuel Station Network Deployment
Client Alert - January 22, 2018 | 2017 Year-End Environmental Update for the Oil & Gas Industry
Article - August 18, 2017 | CERCLA’s Jurisdictional Bar To Medical Monitoring Claims
Article - April 12, 2017 | A Rising Tide Of Proposed Chemical Disclosure Laws
Article - October 4, 2016 | Individual Issues Predominate In Toxic Tort Class Actions
Article - July 26, 2016 | Eliminating Ultrahazardous Activity Liability In Enviro Cases
Article - May 24, 2016 | Calif. Asbestos Case Opens Door For Shaky Expert Opinions
Article - January 20, 2016 | Why Calif. Courts Won’t Certify Toxic Tort Class Actions
Article - October 20, 2015 | Curtailing Retroactive Liability Should Fall To Courts
Client Alert - March 10, 2014 | Court of Appeal Affirms Order Vacating Multi-Million Dollar Judgment Against Dole Food Company and Dismissing Case Due to Plaintiffs’ Attorney-Driven Fraud
Client Alert - October 23, 2009 | District Court Denies Enforcement of $97 Million Nicaraguan Judgment Based on Lack of Due Process and Judicial Corruption
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