Francis X. Manning
Partner
Having tried more than 30 cases to verdict or award, Francis Manning has handled commercial disputes and enforcement actions in state and federal courts throughout the Mid-Atlantic region and before the American Arbitration Association.
Fran advocates on behalf of managed healthcare companies, health plans, insurers, financial services companies, and manufacturers in a wide array of matters, including ones involving the Employee Retirement Income Security Act (ERISA), Medicare, Medicaid, products liability, lending and investments, employment discrimination, and restrictive covenant agreements. He regularly handles complex litigation involving high-stakes, multimillion-dollar claims.
- On summary judgment, secured the dismissal of an ERISA claim for health insurance benefits for a condition deemed experimental under the health plan.
- In a case a Pennsylvania federal court described as “one of first impression,” prevailed on the court not to exercise personal jurisdiction over a health insurer even though the insurer had a certificate of authority from the Commonwealth’s Insurance Department.
- Convinced a New Jersey federal court it had jurisdiction under the federal officer removal statute in a breach of contract case filed by a diagnostic lab seeking payment for hundreds of claims.
- On appeal, received an order and opinion from the Superior Court of New Jersey, Appellate Division, affirming summary judgment on all claims, including defamation, filed by a behavioral healthcare provider against managed care companies.
- On appeal, secured an order and opinion from the U.S. Court of Appeals for the Third Circuit affirming summary judgment for a pharmacy benefit manager on all claims filed by wholesale pharmaceutical distributors seeking damages for alleged constitutional and common law violations.
- Secured injunctive relief in New Jersey state court for a national healthcare insurer against a New Jersey hospital, curtailing the hospital’s efforts to collect in excess of $200 million in allegedly past due bills directly from hundreds of patients.
- Led the defeat of an effort by commercial borrowers to have a bank’s $13 million claim dismissed for allegedly violating the New Jersey Banking Act by convincing the trial and appellate courts that the interstate aspects of the loan transactions fit within the act’s exemptions that permit foreign banks to secure loans with property located in New Jersey and then use New Jersey courts to enforce those obligations.
- Secured the dismissal of all claims by a national pharmacy-benefit company against a former sales executive for allegedly violating a non-competition and confidentiality agreement after the executive joined a competitor.
- Secured injunctions and eventual judgments for a secured lender in New Jersey and Maine federal courts against borrowers who had misrepresented the quality and source of collateral for millions of dollars in loans.
- Secured verdict and judgment for a bank on claims against a borrower and guarantor for entire amount of loan plus interest, costs and counsel fees.
- At the trial court and appellate levels, defeated an effort by a former employee of an asbestos manufacturer to maintain, under a duty-to-warn theory, a direct suit against the manufacturer’s workers’ compensation insurer that had performed industrial hygiene studies at the plant, thereby foreclosing dozens of similar lawsuits.
- Convinced the bankruptcy court handling the Enron matter to reject the claim by a former Enron executive against a successor corporation to an Enron affiliate for monies allegedly owed under an employment contract with the affiliate.
- After trial, secured both declaratory judgment and restitution for the purchaser of an HVAC company enforcing restrictive covenant against the seller and his new company.
- Defended a national retailer in a jury trial against a subcontractor seeking to hold it liable, as the owner of the construction project, for payment under a state Prompt Pay Act; before closing arguments, the case settled with the co-defendant general contractor paying the majority.
- Defended, as co-trial counsel, a medical device manufacturer from products liability claims regarding a broken stent; the case settled favorably after the plaintiff presented his case.
- Defended, as co-trial counsel, a manufacturer of liquid oxygen system against products liability claims where the plaintiff suffered significant burns from use of the product; the case settled after opening arguments with the client contributing a nominal amount.
- Former Member, Board of Directors and Executive Committee, Chamber of Commerce Southern New Jersey
- Former Member, Virtua Foundation Board of Trustees
- ROI Influencers: Law 2022, ROI-NJ (2022)
- Leading Business Attorneys: Financial Services, South Jersey Biz (2022)
- Moderator, “Innovate South Jersey: Manufacturing,” Chamber of Commerce of Southern New Jersey
- Moderator, “Make New Jersey Competitive: Trends in the Food and Beverage Industries in New Jersey,” Chamber of Commerce of Southern New Jersey
- Moderator, “Make New Jersey Competitive: The Future of Healthcare,” Chamber of Commerce of Southern New Jersey Healthcare Event
- Moderator, “Make New Jersey Competitive: The Future of the ACA & Healthcare,” Chamber of Commerce of Southern New Jersey Healthcare Conference
- Presenter, “Managing the Challenging Employee: The Tales of the Office Bully, Paid Time Off Abuser, Smoking Man and Others,” Chamber of Commerce of Southern New Jersey Government Action Series
- Moderator, “Public Policy Update Series: Camden's Comeback,” Chamber of Commerce of Southern New Jersey
- Moderator, “The Affordable Care Act: It’s Here – Now What?”
- Presenter, “Economic Development in South Jersey,” Chamber of Commerce of Southern New Jersey
- Presenter, “Getting There: Transportation in South Jersey,” Chamber of Commerce of Southern New Jersey
