The Texas Fourth Court of Appeals has affirmed a jury award in favor of a Houston attorney, Michelle Acosta. Ms. Acosta accused an opposing attorney, Allan Manka, of extending his arm around Ms. Acosta and groping her bottom. They were opposing attorneys in a family law matter in the Wilson County Courthouse in Floresville, Texas. Acosta sued Mr. Manka for assaulting her. A jury awarded $5 million. The two lawyers had never met before that day.
Unprofessional Touching
During some down time in the courthouse, Mr. Acosta told Ms. Acosta and the father of Acosta’s client that he liked to make the opposing parties uncomfortable by putting his arm around his female clients to make the husband uncomfortable. Security camera footage showed Mr. Manka putting his arm around Ms. Acosta twice and sliding his arm around her waist. As the two clients returned from their own conference, the spouses told their respective lawyers they had worked things out. Ms. Acosta then extended her hand to shake hands with Mr. Manka. Manka did not take her hand. Instead, he leaned into her personal space. Acosta said he then grabbed her buttocks and squeezed them. The camera footage shows Acosta then slapped his chest and Acosta walked away.
Assault
Acosta sued Manka for unwanted touching and intentional infliction of emotional distress. Manka counter-sued for defamation, business disparagement and tortious interference with a contract. Ms. Acosta moved to dismiss the counter-claims, which motion was granted. He re-filed his allegations and lost again.
In 2024, the action was tried to a Bexar County jury. The jury found in favor of Ms. Acosta. The jury awarded her $3 million in past mental anguish damages and $2 million in future mental anguish damages.
Manka appealed, saying the evidence did not support those high damages. Mr. Manka said he had practiced law for 50 years. He denied he grabbed Ms. Acosta’s bottom. He said he simply slipped his arm around her and that he brushed her hair off her shoulder. Mr. Manka said he did those things deliberately to make her uncomfortable.
Ms. Acosta’s client, Keith, who was also Ms. Acosta’s brother, said Manka walked away from Acosta laughing. Ms. Acosta’s and Keith’s father, Hipolito, was also present in the Wilson County courthouse that day. He said he was in law enforcement for many years and had never seen anything like that in a courthouse. Ms. Acosta that she suffered sleeplessness and panic attacks after the incident. She said Manna’s hand going around her waist was similar to a knife going into her neck. Ms. Acosta had seen counselors and was on medication for depression and anxiety.
The appellate panel of three judges, including two female judges, found this was in fact sufficient evidence to support the verdict. All lawyers engage in gamesmanship of some sort, even when seemingly at ease waiting in the hallway of a busy courthouse. But, in my 30+ years of practice, I have never seen a male lawyer do the things Mr. Manka did in that Wilson County courthouse. Mr. Manka could have quietly settled this matter. But, instead, he chose to submit his own counter-suit. And then appeal a very large verdict.
See the Fourth Court’s decision in Manka v. Acosta, No. 04-25-00089-CV (Tex.App. San Antonio May 13, 2026) here. See the ABA Bar Journal report here.
