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Bill Manning

Shareholder

QUALIFICATIONS:

A trial attorney since 1985, William E. (“Bill”) Manning is the CEO and a Shareholder of Sellar Hazard Manning Ficenec & Lucia. An active trial attorney, he has successfully represented his clients in trials, appeals, extraordinary writs, arbitrations, mediations, administrative hearings, class actions, summary judgments, and summary dismissals throughout California in State and Federal courts. Mr. Manning handles a wide variety of litigation and transactional matters.

Mr. Manning also has several years of engineering and technical writing experience in the fields of nuclear engineering, marine engineering, and motor vehicle and consumer product manufacturing. Military service: United States Navy, Vietnam era veteran. Languages (varying fluency): English, French, Italian, Spanish.

PRACTICE AREAS:

  • Aviation – An active commercial pilot and FAA certificated flight instructor, Mr. Manning represents airport districts, pilots, mechanics, fixed base operators, and aviation insurers. His practice includes appearing before the FAA and NTSB, in proceedings under the Federal Administrative Procedures Act. Mr. Manning’s public agency positions have included land use planning for the construction and completion of one of California’s newest airports, and updates of comprehensive airport land use plans.
  • Business Advice and Litigation  Mr. Manning advises parties in a wide variety of business transactional matters, and litigates business disputes. 
  • Construction – Mr. Manning counsels developers and contractors on mechanic’s liens and related matters, and litigates construction defect, job site injury, and OSHA matters.
  • Consumer Warranty Law – Mr. Manning regularly represents national and international motor vehicle manufacturers in Consumer Warranty (i.e., “lemon law”) litigation throughout California.
  • Insurance Defense and Coverage – Mr. Manning’s practice includes a broad range of general insurance and corporate defense, ranging from First Amendment issues to premises and restaurant liability, and the defense of municipalities, special agencies and districts, and their employees. Mr. Manning began his legal career litigating complex coordinated insurance coverage cases. He has researched and written numerous insurance coverage opinions.
  • Product Liability – Mr. Manning’s product liability practice ranges from aircraft and motor vehicles, to large and small consumer products, tires, and wheels. Included in this practice is the current large scale litigation of tire failure and vehicle rollover cases. Mr. Manning also has substantial experience defending drug and medical device manufacturers, including products ranging from extra-corporeal heart-lung equipment to test tubes, surgical and operating room equipment, surgical microscopes, prosthetic implants, and various pharmaceutical products. Mr. Manning is also involved in the development and manufacture of construction site fall prevention equipment.
  • Professional Practice Law- Mr. Manning represents Dentists, Physicians, Attorneys, and Nurses in malpractice claims, state board licensure and disciplinary matters, peer review and credentials inquiries, managed care disputes, and practice-related legal issues, including practice sales and transitions. His practice includes numerous trials under the California Administrative Procedures Act. Mr. Manning has lectured nationally and internationally on Risk Management and other legal issues for Dentists and Dental Auxiliaries, and to the Dental Managed Care industry. Mr. Manning is also a court-qualified expert witness in legal malpractice cases.

PROFESSIONAL AND CIVIC ACTIVITIES:

  • State Bar of California; Supreme Court of the United States; United States Court of Appeals, Ninth Circuit; United States District Court for the Northern, Eastern, and Southern Districts of California
  • American Bar Association: Section of Litigation [Aviation Litigation Committee, Health Law Litigation Committee, Expert Witnesses Committee, Professional Liability Litigation Committee]; Tort, Trial, & Insurance Practice Section [Medicine and Law Committee, Products General Liability and Consumer Law Committee, Aviation and Space Law Committee, Professionals' Officers' and Directors' Liability Committee]; Air and Space Law Forum; Health Law Section [Medicine and Law Committee]; Standing Committee on Lawyers’ Professional Liability; Senior Lawyers Division
  • Contra Costa County Bar Association
  • Lawyer-Pilots Bar Association
  • Aviation Insurance Association
  • NTSB Bar Association
  • AOPA Panel Attorney
  • Judge Pro Tem, Contra Costa County Superior and Municipal Courts
  • Judicial Mediator, Contra Costa County Superior Court
  • Judicial Arbitrator, Contra Costa County Superior Court
  • Settlement Mentor, Contra Costa County Superior Court
  • Fee Dispute Arbitrator, Contra Costa County Bar Association
  • Special Master, State Bar of California
  • Chairman, Contra Costa County Airport Land Use Commission (1990 – 2001)
  • Secretary, Contra Costa County Aviation Advisory Committee (1992 – 2001)
  • Greater Concord Chamber of Commerce
    • Immediate Past President (1997-98)
    • President (1996-97)
    • President-Elect (1995-96)
    • Vice President (1993-95)
    • Executive Committee Member (1993-98)
    • Board of Directors (1993-98)
    • Chair, Vice-Chair, Aviation Committee (1991-93)
    • Leadership Concord Program Graduate (1991-92)
  • Vice-Chair, City of Concord Board of Appeals (1988-1992)
  • Aviation Insurance Association (1996 –)

EDUCATION:

  • Mr. Manning graduated from the University of California at Berkeley in 1980, and obtained his law degree from the UCLA School of Law in 1985, where he received several American Jurisprudence Awards and was a member of the Moot Court Honors Program.

CONTINUING EDUCATION:

  • Mr. Manning is a 1990 graduate of the Center for Trial and Appellate Advocacy, Hastings College of the Law, University of California. He regularly exceeds the Continuing Legal Education requirements of the State Bar of California.

TRIALS AND SELECTED BINDING ARBITRATIONS (First Chair):

  • TRLA, Inc. v Ground, LLC, Alameda County Superior Court.  Breach of Contract action with related common counts on international apparel manufacturing dispute.  Defendant offered to settle before trial for payment of over $30,000.  After court trial, plaintiff agreed to settle by dismissal, with no recovery.  1 week Court Trial (Representing Defendant) 2010
  • Dental Board of California v Errol M. Gillis, DDS, State Office of Administrative Hearings, Oakland. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. In connection with endodontic treatment of a severely medically compromised patient, the Dental Board brought five substantive charges of Repeated Acts of Negligence (involving 13 separate alleged violations), two substantive charges of Gross Negligence, one substantive charge of Incompetence, and one substantive charge of Unprofessional Conduct. After two trial hearings and substantial briefing, the Dental Board revoked Dr. Gillis’ Dental License and Certificate in Endodontics. [The Superior Court subsequently issued a Stay, and later a Writ of Administrative Mandamus, requiring the Dental Board to vacate its Revocation Decision as unlawful; see details below.] 3 week Court Trial (Representing Respondent) 2009
  • Dental Board of California v Marie Bergeron, DDS, State Office of Administrative Hearings, Oakland. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. Nine substantive charges involving negligence, gross negligence, and unprofessional conduct arose in connection with endodontic treatment. The Dental Board of California withdrew all charges after two trial hearings and two motions to dismiss for unlawful suppression of evidence. Court Trial (Representing Respondent) 2009
  • Brea Imperial, Inc. v Automotive Wheels, Inc., Orange County Superior Court. Breach of Contract, Conspiracy, Trespass and Fraud action arising out of Environmental Cleanup at automotive wheel factory. Judgment for Plaintiffs. 8 week Jury Trial (Representing Defendant) 2007
  • Hill v. Youngblood, Los Angeles County Superior Court. Severe brain injury following tire failure/SUV rollover accident. Settled favorably in trial. 2 week Jury Trial (Representing Tire Manufacturer Defendants) 2006
  • Smith v. Fleetwood, Stanislaus County Superior Court. Alleged willful violation of California’s Song Beverly Consumer Warranty Act and the Federal Magnuson-Moss Warranty Act. Judgment for Plaintiffs. 4 week Jury Trial (Representing Defendants) 2004
  • Harvill v. Fleetwood, San Francisco County Superior Court. Alleged willful violation of California’s Song Beverly Consumer Warranty Act and the Federal Magnuson-Moss Warranty Act. Judgment for Plaintiffs. 3 week Jury Trial (Representing Defendants) 2002
  • Palmer v. Fleetwood, San Joaquin County Superior Court. Alleged willful violation of California’s Song Beverly Consumer Warranty Act and the Federal Magnuson-Moss Warranty Act. Judgment for Plaintiffs. 2 week Jury Trial (Representing Defendants) 2001
  • Williams v Husain, Contra Costa County Superior Court. Breach of Real Estate Contract action. Court granted opportunity of Specific Performance to Defendant/Cross-Complainant. 1 week Court Trial (Representing Defendant/Cross-Complainant) 2000
  • Dental Board of California v Richard C. Griswold, DDS, State Office of Administrative Hearings, Sacramento. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. Forty substantive charges involving negligence, gross negligence, and incompetence arose from the death of a dental patient approximately thirty hours after multiple extractions. The El Dorado County District Attorney charged Respondent Dr. Griswold with manslaughter.  After preliminary hearing, the El Dorado County Superior Court bound defendant Dr. Griswold over for trial. The criminal charges were subsequently dismissed by the District Attorney after the Administrative Trial was completed. The Dental Board of California dismissed all charges upon Proposed Decision of the Administrative Law Judge. 3 week Court Trial (Representing Respondent) 2000
  • State Board of Dental Examiners v Janardhan V. Reddy, DDS, State Office of Administrative Hearings, Oakland. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. Seventeen of the 23 substantive charges involving four patients were completely defensed. The remaining issues were reviewed by Writ of Administrative Mandamus. 2 week Court Trial (Representing Respondent) 1998
  • Brumar Corporation v Stuart Enterprises, Inc., Contra Costa County Superior Court. Breach of Contract and Fraud action. Judgment for Plaintiff. 3 week Jury Trial (Representing Plaintiff) 1998
  • State Board of Dental Examiners v Sherwin Black, DDS, State Office of Administrative Hearings, Oakland. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. Seventeen of the 21 substantive charges involving four patients were completely defensed. The remaining issues were reviewed by Writ of Administrative Mandamus. 2 week Court Trial (Representing Respondent) 1998
  • Moore v Clelen C. Tanner, DDS, Alameda County Superior Court. Dental malpractice. Judgment for plaintiff of $12,395 (against $10,000 settlement offer). 1 week Court Trial (Representing Defendant) 1998
  • Pacific States Aviation, Inc.  v  Simon Motors, Inc., Contra Costa County Superior Court. Malicious prosecution action following successful defense of underlying aviation “malpractice” case. Judgment for Plaintiff. 3 week Jury Trial (Representing Plaintiff) 1997
  • State Board of Dental Examiners v Clelen C. Tanner, DDS, State Office of Administrative Hearings, Oakland. Professional license revocation trial pursuant to the Dental Practice Act and the Administrative Procedure Act. Twenty-one of the 24 substantive charges involving seven patients were completely defensed. The remaining issues were reviewed by Writ of Administrative Mandamus and additional charges were dismissed. 3 week Court Trial (Representing Respondent) 1996
  • Clelen C. Tanner, DDS v CIGNA, Judicial Arbitration and Mediation Service, San Francisco. Binding statutory arbitration pursuant to Business & Professions Code Section 805 with numerous allegations of substandard care involving several patients. Award for Petitioner. 1 week Binding Arbitration (Representing Petitioner) 1995
  • Aetna Insurance  Co. v Beaver Ins. Co., Alameda County Superior Court. Insurance Coverage. Judgment for Plaintiff. 1 week Court Trial (Representing Plaintiff) 1995
  • Season v Clelen C. Tanner, DDS, Alameda County Superior Court. Dental Malpractice. Judgment for Defendant. 2 week Jury Trial (Representing Defendant) 1994
  • Central Contra Costa Sanitary District v Kiewitt Pacific Co., Contra Costa County Superior Court.  Action for fraudulent avoidance of statutory mechanic’s lien. Judgment for Plaintiff. 1 week Court Trial (Representing Plaintiff) 1994
  • Weigel v Mama’s of San Francisco, Inc., San Francisco County Superior Court. Brain injury. Judgment for Defendant. 2 week Jury Trial (Representing Defendant) 1993
  • Errett v Sanburn Construction Co., Contra Costa County Superior Court. Brain injury. Settled during trial for less than final pre-trial defense offer of settlement. 2 week Jury Trial (Representing Defendant) 1992
  • McCloon v Bragen, Contra Costa County Municipal Court. Intersection collision. Judgment for Defendant. 1 week Court Trial (Representing Defendant) 1991

UNIQUE PROCEEDINGS:

  • U.S. Air Force v Christopher Chermansky, MD, David Grant Medical Center, Travis AFB, California. Military physician credentials revocation trial. Eighteen of the 21 substantive urology charges were defensed. The remaining issues were internally appealed within the Air Force, and the matter was resolved. One week trial before Military Jury of Six Physician Officers (Representing Respondent) 1998

EXTRAORDINARY WRITS:

  • Errol M. Gillis, DDS v. Dental Board of California, San Francisco County Superior Court. Writ of Administrative Mandamus following administrative trial in professional license revocation proceeding. Writ Granted. Dental Board ordered to vacate Revocation Decision due to multiple errors of law. (Representing Petitioner) 2010
  • Janardhan V. Reddy, DDS v State Board of Dental Examiners, San Francisco County Superior Court. Writ of Administrative Mandamus following administrative trial in professional license revocation proceeding. Writ denied, appealed, and settled. (Representing Petitioner) 1999
  • Sherwin Black, DDS v State Board of Dental Examiners, San Francisco County Superior Court. Writ of Administrative Mandamus following administrative trial in professional license revocation proceeding. Writ granted; case subsequently settled. (Representing Petitioner) 1999
  • Clelen C. Tanner, DDS v State Board of Dental Examiners, San Francisco County Superior Court. Writ of Administrative Mandamus following administrative trial in professional license revocation proceeding. Writ granted.  Board of Dental Examiners ordered to vacate Disciplinary Decision. (Representing Petitioner) 1998

APPEALS:

  • Doe v. Roe, California Court of Appeal, First District. Appeal regarding enforcement of mandatory arbitration provision in legal malpractice action. Appeal Settled. (Representing Appellant] 2005
  • Smith v. Fleetwood, California Court of Appeal, Fifth District. Appeal regarding numerous issues of statutory interpretation and evidentiary issues. Judgment Affirmed. (Representing Appellant] 2004
  • Harvill v. Fleetwood, California Court of Appeal, First District. Appeal regarding numerous issues of statutory interpretation and evidentiary issues. Judgment Affirmed. (Representing Appellant] 2003
  • Palmer v. Fleetwood, California Court of Appeal, Third District. Appeal regarding numerous issues of statutory interpretation and evidentiary issues. Judgment Affirmed. (Representing Appellant] 2002
  • Janardhan V. Reddy, DDS v State Board of Dental Examiners, California Court of Appeal, First District. Appeal from portions of Writ of Administrative Mandamus. Judgment Affirmed. (Representing Appellant) 2000
  • Pacific States Aviation v Simon Motors, California Court of Appeal, First District. Appeal and Cross-Appeal regarding damages and liability following successful trial. Portions of trial court judgment adverse to plaintiff/appellant were reversed on Appeal, and new trial was granted to plaintiff on damages. (Representing Plaintiff/Appellant) 2000
  • Clelen C. Tanner, DDS v State Board of Dental Examiners, California Court of Appeal, First District. Appeal from portions of Writ of Administrative Mandamus. Judgment affirmed. (Representing Appellant) 1999
  • Cook v Templin, California Court of Appeal, First District. Appeal of successful “Anti SLAPP” Special Motion to Strike frivolous complaint. Appeal ordered dismissed after motion. Appellant’s Petition to California Supreme Court denied. (Representing Respondent) 1999
  • Revland v Winnebago Industries, Inc., California Court of Appeal, Fifth District. Appeal and Cross-Appeal regarding recovery of costs and attorney fees following successful summary judgment for Defendant in the first “lemon dumping” trial in California. Appeal dismissed. (Representing Defendant/Respondent/Cross-Appellant) 1997
  • Souza v City of Antioch, California Court of Appeal, First District. Appeal from successful summary judgment in multi-death police misconduct trial. Summary judgment reversed, appeal dismissed by Appellant while petition for review to California Supreme Court pending. (Representing Respondent) 1996
  • Marin v City of Antioch, California Court of Appeal, First District. Appeal from successful summary judgment in multi-death police misconduct trial. Judgment affirmed. (Representing Respondent) 1996

PRESENTATIONS:

  • Anatomy of a Dental Malpractice Trial, a three-hour risk management seminar, meeting the State Board of Dental Examiners’ biennial continuing dental education requirements, incorporating a mock trial program. April, 2002, at the CDA Scientific Session, Anaheim
  • HIPPA Privacy Rules: Potential Traps and Liability, National Association of Dental Plans, 13th Annual Conference, October 10-12, 2000, Toronto, Canada.Presentation on: Development Of Privacy Regulations Under HIPPA 1996; Compliance Deadlines And Extensions; Identifying And Safeguarding Protected Health Information; Use And Disclosure Of Protected Health Information; Ensuring Compliance By Business Associates; Pre-Emption Of State Laws And Conflicts With Federal Laws; Compliance, Enforcement And Punishment; Thoughts On Future Development and Economic Risk
  • Trends in Liability, National Association of Dental Plans, 12th Annual Conference, October 4-6, 2001, Las Vegas, Nevada.  Round table discussion on recent developments in the law affecting delivery of health care, with an emphasis on dental managed care. Topics included developments in legal actions by patients against managed care organizations, claims by health care providers against managed care organizations, development of fair procedure rights for health care providers, and recent developments in the legal and legislative arenas.
  • Avoiding a Dental Board Action, a three-hour risk management seminar, meeting the State Board of Dental Examiners’ continuing dental education requirements. April, 2000, at the CDA Scientific Session, Anaheim.
  • Avoiding a Dental Board Action, a three-hour risk management seminar, meeting the State Board of Dental Examiners’ continuing dental education requirements. October, 1999, at the CDA Scientific Session, San Francisco.
  • Avoiding a Dental Board Action, a three-hour risk management seminar, meeting the State Board of Dental Examiners’ continuing dental education requirements. April, 1999, at the CDA Scientific Session, Anaheim.
  • Topics at seminars included: An Introduction to Administrative Enforcement; The Hidden Risk of Administrative Enforcement; History and Overview of Consumer Services Regulation in California; The Perceived Need for Administrative Enforcement; The Administrative Enforcement Process; Genesis of Disciplinary Actions; Scope and Basis of Discipline: What Can Happen to Your License; Who Is at Risk; The Board Investigation Process; The Accusation Process in General; Discovery; Settlement Negotiations; The Course of the Administrative Hearing; Allegations in the Accusation/Major Board Issues; Post-Hearing Procedures; A Word About Discipline; Other Considerations Affected by Enforcement Actions; “Informed (Legal) Consent”; Effects of Lack of Appropriate Insurance Coverage.

SPECIALIZED OCCUPATIONAL EXPERIENCE:

  • FAA CERTIFICATED FLIGHT INSTRUCTOR March 1978 to present
  • ENGINEERING TECHNICAL WRITER. Kawasaki Motors Corporation, USA, Santa Ana, California. Technical writing and editing involved in production of Owner’s Manuals, Service/Shop Manuals, Bulletins and related projects. Coordinated with Graphic Services Department to ensure timely completion of projects. Responsible from project inception to delivery of multiple engineering and technical publications including a 120 page Service Manual.  September 1981 to August 1982
  • ENGINEERING TECHNICAL WRITER. Westinghouse Electric Corporation, Oceanic Division, Vallejo, California. Independent responsibility for research, technical writing and editing, and production of technical documentation for U.S. Naval deep submergence vessels. Duties included issuing changes and revisions to existing manuals. Position required detailed knowledge of various ship systems ranging from propulsion to hull and rigging. Entailed extensive use of engineering plans, instructions, and specifications. Acquired and applied basic drafting/illustrating skills, and developed familiarity with the use of state-of-the-art word processing and reproduction methods. Documents prepared included Ship’s Information Books, Technical Advisory Bulletins, and numerous other equipment manuals. Coordinated with engineering and ship’s force personnel to ensure technical accuracy, and consistency with cognizant codes to ensure timely production to contract specifications. Assisted with contract negotiations and proposal preparations. Supervised two to four technicians. Possessed and further developed a thorough knowledge of ships systems. Became principal technical writer for nuclear, mechanical, propulsion, and auxiliary systems.  July 1980 to August 1981
  • JOURNEYMAN MARINE MECHANIC. Mare Island Naval Shipyard, Vallejo, California. Responsible for construction and repair of Naval Nuclear Submarines, including repairs and equipment installation of steering and diving gear on submarines to specified subsafe levels. Supervised one apprentice.  June 1979 toSeptember 1979

SPECIALIZED TECHNICAL TRAINING:

  • PILOT EDUCATION AND TRAINING. Acquisition and maintenance of FAA Airman ratings and certificates, including: Private Pilot (1974), Commercial Pilot (1975), Instrument Rating (1977), and Certificated Flight Instructor (1978). Instrument current, and active aviator. Flight Instructor Certificate has been renewed biennially by FAA since acquisition, upon completion of biennial FAA mandated Flight Instructor Refresher Clinic.  September 1974 to present
  • NAVAL NUCLEAR POWER TRAINING UNIT. National Reactor Test Site, Idaho Falls, Idaho. Completed an intensive (60 hours/week) reactor operator qualification program, at the A1W nuclear reactor powerplant prototype. Qualified as Reactor Mechanical Operator, and cross trained to several other related skills.  January-July 1975
  • NAVAL NUCLEAR POWER SCHOOL. Mare Island Naval Base, Vallejo California. Completed intensive (60 hours/week) college level education program in preparation for reactor operator prototype training. Courses included: calculus; physics; chemistry; metallurgy; mechanical, electric, electronic, structural, and marine engineering; principles of atomic fission; naval nuclear reactor powerplants; hydraulics; thermodynamics; principles of steam propulsion; nuclear health physics; radiation dosimetry; principles of radiation health; and related subjects.  January-March 1974
  • MACHINIST MATE CLASS “A” SCHOOL. U.S. Naval Training Center, Great Lakes, Illinois. Three month training program (40 hours/week) leading to Machinist Mate rating.  June-December 1974

MILITARY EXPERIENCE:

  • NUCLEAR POWER PLANT OPERATOR (Machinist’s Mate [Nuclear] Second Class). Various commands and supplemental assignments including USS ENTERPRISE (CVN-65) as primary duty station. Chief Reactor Mechanical Operator. Responsible for operations, maintenance, and overhaul of Naval Nuclear propulsion plants, and all auxiliary equipment. Performed underway repairs and extensive in-port maintenance and overhaul of reactor and mechanical power systems. Supervised three operators on watch. Training Petty Officer for crew of twenty-five men. Coordinated with Engineering Department supply division to ensure timely availability of spare parts, tools, and equipment, and to update technical documents, APL’s, COSAL’s, and related military matters.  August 1973 to August 1978
  • MARINE MACHINIST. USS HANCOCK (CVA-19). Provided maintenance, repair and troubleshooting of all shipboard habitability systems, including auxiliary steam, hot water, ventilation, plumbing, and related components. Held position while awaiting start of Nuclear Power School. Subsequent, but unrelated, shore duty included supervision of ten to forty transient personnel in engineering maintenance activities.  March-June 1974
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