Missouri Office:
2123 Marconi Ave.
St. Louis, MO 63110
(314) 656-6927
New York Office:
1180 Avenue of the Americas Suite 1920
New York, NY 10036
(212) 401-4008
Michigan Office:
1361 E. Big Beaver Rd.
Troy, MI 48083
(248) 457-9200
Service to the Legal Profession
Roberts P. Hudson Award, from the State Bar of Michigan, 2017
· Awarded the State Bar of Michigan's highest honor, conferred to commend lawyers "for their unselfish rendering of outstanding and unique service to and on behalf of the State Bar of Michigan, the legal profession, and public.” Service included years of advocating for survivors of domestic violence, and instructing students about our legal system.
Champion of Justice Award, from the State Bar of Michigan, 2010
· Awarded for years of advocating for children with autism and obtaining successful rulings in cases that provided insurance coverage for Applied Behavior Analysis (ABA) therapy, which offers autistic children and their families the opportunity to live fuller lives and participate in mainstream society. See, e.g., Potter v. Blue Cross, Case No. 10-cv-14981 (USDC EDMI).
Education
St. Louis University School of Law
J.D. summa cum laude 1982
University of Missouri
B.A. in Political Science, summa cum laude 1979
Professional Experience
Gerard Mantese concentrates his practice on business law, including shareholder and member disputes, oppression, fiduciary duties, real estate, and business contracts. He argued the only two shareholder and member oppression cases ever accepted for review by the Michigan Supreme Court –Madugula v. Taub, 496 Mich. 685 (2014) and Frank v. Linkner, 500 Mich. 133 (2017).
Mr. Mantese is a member of the State Bars of Michigan, New York and Missouri, as well as a member of the Bar of the United States Supreme Court, the Federal Courts of Appeal for the Third, Sixth, and Ninth Circuits, and the Federal District Courts in the Eastern and Western Districts of Michigan.
CEO and Senior Principal, Mantese Honigman, PC, 1994-present
Adjunct Professor of Law, 1991-1997
Associate, then Partner, Honigman Miller Schwartz and Cohn, 1982-1994
Representative Cases
Frank v. Linkner, 500 Mich. 133 (2017) .
The Court held that MCL 450.4515 is a statute of limitations, not of repose; oppressed LLC members may be able to sue even before incurring financial harm; members may toll the statute if there is fraudulent concealment of relevant facts.
Madugula v. Taub, 496 Mich. 685 (2014).
The Court held oppression action is equitable, empowering the trial court with wide latitude to resolve shareholder disputes.
Potter, et al. v. BCBSM, Case No. 10-cv-14981 (USDC EDMI) (2010).
Co-lead counsel in a nationwide ERISA class action against Blue Cross Blue Shield of Michigan arising from denial of insurance coverage for ABA therapy on the grounds that the therapy is allegedly experimental. The court granted Plaintiffs’ Motion for Judgment and held that Defendant’s denial of coverage for ABA therapy was arbitrary and capricious under ERISA. (Order dated 3-30-13, Doc. #125).
Minter, et al. v. Dazzo, Case No. 10-cv-15018 (USDC EDMI) (2010).
Co-lead counsel; obtained a ground-breaking settlement causing the State of Michigan to provide Medicaid coverage for ABA therapy for children with autism.
Churchill v. CIGNA, Case No. 10-6911 (USDC EDPA) (2010).
Co-lead counsel in a nationwide ERISA class action against CIGNA arising from denial of insurance coverage for ABA therapy on the grounds that it was allegedly experimental. The Court confirmed a settlement under which class members received reimbursement for ABA therapy.
Billstein, et al. v. Goodman, et al., Case No. 08-cv-13415 (USDC EDMI) (2008).
Represented Plaintiffs in shareholder oppression matter where the Court denied Defendants’ Motion for Summary Judgment as to statutes of limitation and repose. Case settled for a confidential amount on the fifth day of trial. (6-14-11 Order Doc. #454).
Johns v. Blue Cross, Case No. 08-cv-12272 (USDC EDMI) (2008).
Co-lead counsel in a nationwide ERISA class action against Blue Cross Blue Shield of Michigan arising from denial of insurance coverage for ABA therapy on the grounds that ABA therapy is allegedly experimental.
Service to the State Bar and Community
Member of ICLE's Business Law Advisor Board
Member of the Access to Justice Committee
Extensive pro bono work for children with Autism Spectrum Disorder
Authored Food Waste Bill
Mediator – Case Evaluator
Hearing Panelist on State Bar of Michigan's Attorney Discipline Board
Member of the Publications and Website Advisory Committee
Legal Advocacy Project for First Step, Western Wayne County Project on Domestic Violence (Pro Bono)
West Publishing Company, Author
Volunteer
Recognitions
AV Martindale-Hubbell Peer Review Rating, 1996-2019
Volunteer Attorney of the Year, 2017, United Community Housing Coalition
Best Lawyers in America and Super Lawyers
21st Century Innovator Award
Leader in the Law Award
Outstanding Young Lawyer of the Year
40 Under 40, Crain's Detroit Business
Gleaners, Largest Donor in the “Under 100 Employees” category
Presentations
Recent Publications
The Fiduciary Duty - Et tu, Brute?, Michigan Bar Journal, September 2020.
Commentary: 'I don't have time for pro bono', Michigan Lawyers Weekly, July 2020.
The Verdict on the Business Judgment Rule, Journal of the Missouri Bar, March-April 2020.
The Business Judgment Rule, Michigan Bar Journal, January 2020.
Business Litigation Theme Introduction, Michigan Bar Journal, January 2020.
Operating Agreements, Partnership Agreements, and Shareholder Agreements: Business Contracts and Their Consequences, Journal of the Missouri Bar, January-February 2019.
Shareholder Agreements, Operating Agreements, and Partnership Agreements, Michigan Bar Journal, September 2018
The Wave of the Future – Reducing Food Waste, Reducing Hunger, Protecting the Environment, Michigan Lawyers Weekly, May 2018.
Contractual Terms in Shareholder/Operating Agreements, Stout Risius Ross Journal, April 2018.
Recent Trends in New York Partnership Law, NY Business Law Journal, Winter 2017
Litigation Between Shareholders in Closely-Held Corporations; Protecting Minority Shareholders From Abuse at the Hands of Majority Owners, Wayne Law Journal of Business, August 2017
A Trip to Detroit’s 36th District Court, Michigan Lawyers Weekly, May 8, 2017
Michigan Business Courts and Oppression – A Review of How Michigan Business Courts Have Treated Oppression Issues Since Madugula v. Taub, Michigan Bar Journal, January 2017
Navigating the World of Fiduciary Duty Within The Corporate Context, Missouri Bar Journal, September-October 2016
Can’t We All Just Get Along? Fiduciary Duties in the Corporate and LLC Context, Michigan Business Law Journal, Spring 2016
Lights, Camera, Action! -- The Power of Video Depositions in Business Litigation, Michigan Bar Journal, February 2016
Michigan Supreme Court Speaks: Madugula v. Taub and Shareholder Oppression, Mantese, Toering, Quick, Michigan Bar Journal, November 2014
Shareholder Oppression, Fiduciary Duty, and Partnership Litigation in Closely Held Companies, Stout Risius Ross Journal, November 2014
Fiduciary Duty in Business Litigation, Michigan Bar Journal, August 2014
Trial Practice, Michigan Bar Journal, January 2013
Shareholder and Corporate Oppression Actions, Michigan Bar Journal, February 2012
OTHER PROJECTS OF INTEREST
Initiator and Mentor for Cranbrook Schools Book Project