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CONTACT CASE MANAGER

Hon. Patricia A. McInerney (Ret.)

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    Biography
    General Biography
    Practice Areas & Industries
    Business Commercial
    Civil Rights
    Class Action & Mass Tort
    Construction
    Construction Defect
    Employment Law
    Environmental Law
    Governmental & Public Agency
    Higher Education & Title IX
    Insurance
    Intellectual Property
    Personal Injury
    Professional Liability
    Real Property
    Securities
    Honors, Memberships, and Professional Activities
    Background and Education

    Hon. Patricia McInerney (Ret.) joined 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 business court.

    Judge McInerney managed an individual docket of cases involving all types of commercial disputes, including shareholder derivative actions, mergers and dissolutions, commercial insurance coverage disputes, unfair competition, trade secrets, commercial real estate transactions and construction disputes. In addition, Judge McInerney presided over numerous major civil trials including medical malpractice, product liability and catastrophic injury.

    As a neutral Judge McInerney has successfully mediated, arbitrated, or functioned as a neutral evaluator for cases involving a range of matters including Business Commercial, Trade Secrets, Employment, Insurance, Medical Malpractice and Personal Injury.

    ADR Experience

    • Mediated and arbitrated cases as a JAMS neutral
    • Consistent with the goals of a business court, 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 catastrophic personal injury, industrial accidents, automobile rollover, and aviation disasters
    • Certified as a civil mediator by The National Judicial College


    Select examples of Judge McInerney’s high-profile cases while on the bench 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

    Representative Matters

    • Business Commercial
        • Chaired three arbitrator panel, at hearing parties’ disputes included breach of fiduciary duty, violations of non-solicitation agreement and misappropriation of trade secrets
        • Mediated dispute of post-closing earnout in Asset Purchase Agreement (APA)
        • Mediated and/or arbitrated cases involving breach of contract, insurance coverage disputes, shareholder derivative actions, partnership disputes, corporate governance issues, trade secrets, business divorce
    • Construction/Construction Defects/Management
        • Mediated major six defendant construction dispute
    • Employment Law
        • Mediated employment discrimination case alleging racially hostile work environment and retaliation
        • Mediated employee’s claim of wrongful termination due to alerting pharmaceutical company of need to comply with certain cybersecurity regulations and not because of restructuring
        • Mediated and arbitrated cases involving labor disputes; wrongful termination; discrimination (age, disability, race, gender, sex, sexual orientation); non-compete; sub-contractor/contractor disputes
    • Insurance
        • Mediated allocation of defense costs in insurance coverage dispute
        • Mediated pre-litigation property damage and business interruption dispute between insured and insurer
        • Arbitrated cases involving coverage disputes, contribution and indemnification, bad faith
    • Personal Injury
        • Mediated wrongful death of minor by suicide. Allegations of ignoring bullying and lack of responsiveness to requests expressing the need for mental health intervention
        • Mediated and arbitrated cases involving medical malpractice; nursing home neglect; wrongful death; product liability; premises liability; and sexual assault; 
    • Professional Liability
        • Arbitrated claim delay in treating ruptured abdominal aortic aneurism resulting in death was malpractice. Respondent denied any violation of the standard of care
        • Mediated legal malpractice action , alleged surgical malpractice was the case-within-a-case
        • Mediated and/or arbitrated cases involving architects, lawyers, and doctors;
    • Real Property
        • Neutral analysis of breach of contract, breach of professional services contract, common law indemnification wherein disputed title to real estate prohibiting sale of property
        • Mediated and arbitrated cases involving partnerships, condominium association/owners and commercial real estate/developer disputes

    Honors, Memberships, and Professional Activities

    • Completed ADR training conducted by the JAMS Institute, the training arm of JAMS
    • Appointed Member, State Trial Judge Ethics Committee, 2003–2013, 2015–2018
    • Previous Chair, First Judicial District Education Committee and Ethics Subcommittee
    • Past president, Temple American Inn of Court, 2018
    • Fellow, American Bar Foundation
    • Member, American Bar Association, Business Litigation Section
    • Former Member, American College of Business Court Judges
    • Appointed Business Court Representative, ABA Business Law Section, 2013–2015
    • Distinguished Leaders Award, The Legal Intelligencer, April 2017
    • Former Adjunct Trial Advocacy Professor, Temple University Beasley School of Law, 1999–2017
    • Member National Association of Women Judges
    • Member International Association of Women Judges
    • Former Team member Advancing Civics Education, 2008–2013
    • Member Advisory Board, Pennsylvanians for Modern Courts, 2021-2023

    Background and Education

    • Judge, Court of Common Pleas, Philadelphia County, Trial Court Division, 1996–2018
    • Assigned Commerce Court, 2011–2018
      • Supervising Judge, Commerce Court, 2016–2018
      • Coordinating Judge, Commerce Court, 2014–2015
    • Major Jury Civil Program, 2003–2011
    • Arbitrator, Philadelphia Court of Common Pleas, 1982–1995
    • Litigator in private practice, 1988–1995
    • Defender Association of Philadelphia, 1981–1987
    • J.D, Temple University Beasley School of Law, Philadelphia
    • M.A., Colgate University, Hamilton, NY
    • B.A., with Honors, Colgate University, Hamilton, NY
    Counsel Comments
    • "Judge McInerney was fabulous. She was well-prepared, fully engaged and steered us through a deadlock."
    • “Judge McInerney had a solid understanding of the facts. She efficiently used time during mediation to better understand the business risks, personalities, and credibility issues. Judge McInerney worked hard after the first day of mediation to educate both sides on the value of a resolution given the uncertainties and costs of further litigation. She used her composure and credibility to guide the parties to a settlement. I would definitely use her again.”
      – Large Law Firm Partner
    • “I have tried cases before Judge McInerney when she was a judge in Philadelphia and also have used her as a mediator. I found her to be very intelligent, effective, patient, practical, and extremely pleasant to work with. I highly recommend her for alternative dispute resolution matters.”
      - Esquire
    • “Recently, I participated in a two-day, multi-party Arbitration commercial contract dispute before the Judge McInerney, which the parties all agreed to be conducted via Zoom due to the location of the parties. Judge McInerney was exactly the type of Arbitrator that litigators want. She allowed the attorneys to litigate and present their evidence and facts, but at the same time moved the case along and made critical decisions during the Arbitration and afterwards with her final Award. I would certainly seek out Judge McInerney for future Arbitrations regardless if I was the Claimant or Respondent.”
      - Intellectual Property Litigator
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