Hon. Patricia McInerney (Ret.) joins JAMS after a distinguished 23-year career on the bench. Judge McInerney presided over numerous high-profile cases and served as supervising judge of the Commerce Court in the Philadelphia Court of Common Pleas, which is a specialized civil program that handles business-to-business disputes.
Judge McInerney managed an individual docket of cases involving all types of commercial disputes, including shareholder derivative actions, mergers and dissolutions, commercial insurance policies, unfair competition, trade secrets, commercial real estate transactions and non-consumer class actions.
Before taking the bench, Judge McInerney worked as a public defender and then as a civil litigator, handling employment, civil rights, premises liability and other general liability disputes.
- Consistent with the goals of the Commerce Court program, engaged counsel in early intervention to encourage timely resolution; resolved discovery disputes and facilitated settlements in all manner of complex commercial cases
- In the Major Civil Jury Program, conducted settlement conferences in hundreds of major civil cases, including defective products, medical malpractice and catastrophic personal injury
- Certified as a civil mediator by The National Judicial College
- Served in the First Judicial District of Pennsylvania’s compulsory arbitration program, acting as an arbitrator in cases involving less than $50,000
Select examples of Judge McInerney’s high-profile cases include the following:
- Commonwealth ex rel Kane v. Philip Morris USA, Inc., 114 A.3d 37 (Pa. Commw. Ct. 2015): Restored $126 million to an annual payment owed to Pennsylvania as part of a nationwide settlement against major tobacco companies
- Intertrust GCN, LP v. Interstate General Media, LLC, Jan. Term, 2014, No. 0099 (C.P. Phila.): Dispute between minority ownership and majority ownership groups of the Philadelphia Inquirer over firing of the paper’s editor
- Source Healthcare Analytics Inc. v. SDI Health LLC, Feb. Term, 2011, No. 2290 (C.P. Phila.): Breach of exclusivity and confidentiality agreements in LOI; reliance rather than restitution damages awarded
Judge McInerney also gained experience in many areas on the bench and in private practice, including the following:
- Business/Commercial: Breach of contract, insurance coverage disputes, shareholder derivative actions, partnership disputes, corporate governance issues, trade secrets, business divorce
- Civil Rights: Police conduct, First Amendment, Title IX
- Class Actions/Mass Tort: Commercial class actions, product liability, wage and hour
- Construction/Construction Defects/Management: Condominiums, schools, airports, commercial buildings
- Employment: Labor disputes; wrongful termination; discrimination (age, disability, race, gender, sex, sexual orientation); FELA; non-compete; sub-contractor/contractor disputes
- Environmental: Coverage litigation
- Insurance: Coverage disputes, contribution and indemnification, bad faith
- Personal Injury/Torts: Medical malpractice; nursing home neglect; wrongful death (industrial accidents, automobile rollover, aviation disasters); product liability; premises liability; sexual assault; wrongful use of civil proceedings; rules of professional conduct
- Professional Liability: Architects, lawyers, doctors, dentists
- Real Property: Partnerships, condominium association/owners and commercial real estate/developer disputes, receiverships