A Texas attorney is continuing his legal fight to overturn a $5 million damages award after being found liable for groping opposing counsel Michelle Acosta in a courthouse foyer in 2019. Allan Manka, 76, has filed a second appeal with the Texas Supreme Court, following a prior appeal that upheld the jury's decision.
Manka's attorneys argue that the $3 million awarded for past mental anguish and $2 million for future mental anguish are not supported by sufficient evidence. In their petition, they contended that Acosta's testimony regarding therapy costs did not logically support the large sum, calculating that if she paid $300 per hour for therapy, she would have needed to attend sessions for five hours a day for over 1,900 days since the assault.
The defense also asserted that Acosta's lawyers urged the jury to award a high amount "to send him a message" and that Acosta provided inconsistent testimony regarding her reaction to the encounter. Manka's lawyers accused Acosta of a "money grab" and questioned why he would commit such an act in a public space.
The Incident and Initial Proceedings
The altercation occurred on June 13, 2019, at the Wilson County Courthouse. Acosta, 43, was representing her brother in a divorce case, while Manka was representing his ex-wife. As their clients negotiated, Manka allegedly approached Acosta in the courthouse foyer. Surveillance footage captured Manka placing his hand on Acosta's lower back and squeezing her buttocks.
Acosta testified that Manka "squeezed a huge handful" of her and that he touched her three times, including placing his arm around her. Following the incident, Acosta filed a criminal complaint. Manka pleaded no contest to a misdemeanor charge and was fined $400. Unsatisfied with the criminal justice outcome, Acosta filed a civil suit in 2021.
During the 2024 trial, Acosta stated, "I didn’t know it’s my responsibility to stop a man from grabbing my ass." Her legal team invoked the #MeToo movement in their closing arguments, urging the jury to "punish" Manka with a significant sum to deter similar behavior by other attorneys.
Acosta has stated that she initially would have settled for an apology, but Manka allegedly told her she owed him money. She also reported his conduct in a private Facebook group for female attorneys, initially omitting his name but later identifying him as a "Serial Predator." Manka countersued for defamation, but Acosta's legal team successfully argued his prior no-contest plea supported her claims.
Appeals and Continued Litigation
A jury sided with Acosta in 2024, awarding her $5 million. The Fourth Court of Appeals in San Antonio upheld this judgment earlier this year. However, Manka filed a further appeal with the Texas Supreme Court in June.
Acosta's attorneys have not yet filed a response to the new petition. Lara Brock, Acosta's lawyer, expressed disappointment in Manka's "continued refusal to accept accountability." She added, "The years that followed tested every part of me as a woman, as a mother, as a wife, and as an attorney." Acosta stated that she is sharing her story not to celebrate a monetary figure but to acknowledge the work that brought her to this point.