Mark W. McInerneyMark McInerney Clark Hill
Mark W. McInerney
Mark W. McInerney practices in the firm’s Education and Municipal, Labor and Employment, and Litigation Practice Groups, and is located in the Detroit office.
Mark practices extensively in the area of school law. He has experience in drafting and enforcing school district policies, and in student discipline matters, teacher tenure issues, constitutional law, election law, the Open Meetings Act, the Freedom of Information Act, the Revised School Code, athletic eligibility issues, and general school legal issues and litigation. He has presented on school law issues to or on behalf of the Michigan Council of School Attorneys, Michigan Association of School Administrators and the Institute for Continuing Legal Education.
In the municipal area, he served as primary drafter of a new municipal charter for a village which completed the transformation to a home rule city, and has additional experience in drafting ordinances, municipal prosecution, zoning and land use law, and general municipal legal issues and litigation.
He has a wide range of experience in litigation, in both state and federal courts, in a number of contexts, including employment litigation, wrongful discharge and civil rights actions under federal and state law; construction litigation; and litigation regarding various other types of commercial and contract disputes. In addition to his work at the trial level, Mark has substantial experience at the appellate level, in both the state and federal court systems.
Mark is the author of articles in publications of the State Bar of Michigan dealing with evidence rules and construction issues, and has co-authored several Michigan Bar Journal articles addressing amendments to various federal rules. He is a member and former chair of the State Bar of Michigan Standing Committee on United States Courts, member and board member of the Michigan Council of School Attorneys, and the Detroit Metropolitan and Oakland County Bar Associations.
He is an active member of Our Lady of Sorrows Parish in Farmington, Michigan, current chair of the Parish Finance Council, and former chair of the Parish Pastoral Council, and has coached parish CYO girls’ softball and basketball teams. He is an active alumnus of the University of Detroit Jesuit High School, and has served as a member of the school’s Alumni Board and currently as a member of the school’s facilities committee.
Mark McInerney and Ellen Hoeppner recently obtained dismissal of a contentious lawsuit filed against Clark Hill’s client United States Steel. In October 2014, the plaintiff filed a lawsuit against U. S. Steel, alleging disability discrimination, interference under the Family and Medical Leave Act, and workers’ compensation retaliation. The plaintiff’s claims all stemmed from a workplace injury plaintiff suffered in July 2013, in which the tip of his finger was caught in a machine and nearly severed. Over the next two days, the plaintiff twice failed to appear at U. S. Steel Plant Medical for evaluation as directed, and misrepresented his medical condition by telling Plant Medical personnel that his finger had to be surgically “cut off” due to infection. When the true facts came to light, U. S. Steel determined the plaintiff’s misconduct warranted termination.
These relatively straightforward facts, however, were made very complicated by a zealous plaintiff’s attorney, who propounded a theory of wide-spread discrimination against disabled employees because such employees posed a liability risk to the company for the purposes of workers compensation and OSHA reporting. Mark and Ellen filed a Motion for Summary Judgment, carefully separating the unsupported theories from the undisputed facts. The Court dispensed with oral argument, and on the strength of the briefs, United States District Judge Linda Parker recognized the theory for what it was, and dismissed the plaintiff’s case.