Mcinerney  mark

Mark W. McInerney

Of Counsel
Office

Detroit

500 Woodward Ave
Suite 3500
Detroit, MI 48226
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Fax: +13133096983
Education
J.D., cum laude, Wayne State University Law School, Detroit, Michigan, 1978
B.A., cum laude, University of Michigan, Ann Arbor, Michigan, 1975
State Bar Licenses
Michigan
Court Admissions
U.S. District Ct., E.D. of Michigan
U.S. District Ct., W.D. of Michigan
U.S. Court of Appeals, 6th Circuit

Mark W. McInerney

Of Counsel

Mark McInerney assists school districts with teacher tenure issues, drafting and enforcing district policies, student discipline, election law, business issues, the Open Meetings Act, and the Freedom of Information Act. In addition, Mark represents clients in state and federal courts defending disability insurance and employment litigation claims and serves as counsel on general litigation matters for municipal entities. 

Mark 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.

Mark has served as the primary drafter of a new municipal charter for a village that completed the transformation to a home rule city and has additional experience drafting ordinances, municipal prosecution, zoning and land use law, and general municipal legal issues and litigation.

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.

Memberships
State Bar of Michigan, Litigation, Employment Law, Public Corporation Law and Appellate Law Sections
Experiences

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. 

Newsletter Alerts
Recent Michigan Open Meetings Act Amendments Significantly Limit Remote Meetings or Participation After March 31, 2021Executive Order 183 Permits Resumption of Live Board Meetings, With LimitationsMichigan Supreme Court Decision Broadens FOIA Definition of Public Body Governor Whitmer's Executive Order Relaxes Certain FOIA Response RequirementsNew Executive Order Temporarily Suspends Certain Requirements of Open Meetings ActDistricts Must Promptly Enact Policies Banning Abortion Advice or Risk Major Financial SanctionsMichigan’s Legalization of Marijuana Need Not Change School District PoliciesPolicies Prohibiting Weapons on School Property Are Upheld by Michigan Supreme CourtClosed Sessions of Public Bodies to Discuss Pending Litigation Must Identify the LitigationMichigan Court of Appeals Again Addresses When Teachers May Challenge Their EvaluationsMichigan Court of Appeals Holds that Schools May Ban Firearms from School PropertyMichigan Supreme Court Broadens Schools' Immunity for 1230b Reports of Unprofessional ConductMichigan Court of Appeals Clarifies When Documents Produced Under FOIA Are DueOpen Meetings Act Update: "Informal Meetings;" Remote Participation
Articles
Mark W. McInerney Quoted in Legal News Line: Michigan Ruling Over Unprofessional Conduct A Plus For School Districts, August 2016
Presentations
Emerging Issues in Student Discipline by Mark McInerneyJanuary 21, 2017 Clark Hill & Plante Moran School Law & Finance Seminar Presentation2016 Clark Hill & Plante Moran School Law & Finance Seminar Presentation on January 9, 2016MASA/MCSA Current School Safety Issues by Mark McInerney