John M. McIntyre
Partner
- T:
- +1 412 288 3822 (Pittsburgh)
- F:
- +1 412 288 3063 (Pittsburgh)
- E:
- jmcintyre@reedsmith.com
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John's practice focuses on complex commercial and financial services litigation. His experience includes numerous trials before both state and federal courts, as well as several mediations and arbitrations. He has litigated a wide variety of cases involving intellectual property rights, product liability allegations, federal research tax credits, and claims under the federal Racketeer Influenced and Corrupt Organizations Act. John also has considerable appellate experience, having successfully represented clients in the United States Court of Appeals for the Third, Fourth, and Ninth Circuits. He has also defended scores of consumer class actions, including more than a dozen brought under the Fair Credit Reporting Act.
Representative Matters
Successfully argued before the U.S. Court of Appeals for the Third Circuit to affirm the district court’s grant of summary judgment to our client, NOVA Chemicals, in a patent license dispute. The case involved a Japanese competitor that was challenging NOVA's right to produce and sell one of its leading products in China and 12 other Asian countries. The resolution was especially important to our client as it had made a substantial investment in a new plant in China to manufacture the product at issue in the litigation. During the course of the litigation in the district court, took the deposition of several senior Sekisui executives in Japan. Those depositions uncovered evidence to support a second case against Sekisui for tortious interference. NOVA Chemicals, Inc. v. Sekisui Plastics, 2009 WL 2634762 (3d Cir., August 28, 2009).
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Secured the dismissal of eight state-wide putative class actions on motions to dismiss in Maryland state court in which it was alleged that the defendants had issued second mortgage loans with improper and excessive closing costs. Argued the case before Maryland’s highest court, the Maryland Court of Appeals, which upheld the dismissals of all of the class actions that had been pending against our clients. Master Financial v. Crowder, 972 A.2d 864 (Md. 2009).
Successfully argued before the U.S. Court of Appeals for the Third Circuit to reverse a district court ruling that awarded significant damages against our client. The plaintiff’s claims in the case arose from a $4 million purchase agreement conveying property in Mercer County, Pennsylvania for a large commercial development. The Third Circuit agreed with our argument that the district court had improperly disregarded the terms of a liquidated damages provision in the agreement which barred the plaintiff’s claims and therefore reversed the lower court’s ruling. Format Corp. v. Widewaters Property Development, 2006 WL 53559.
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Prevailed on a motion to dismiss a putative state-wide class action premised on certain alleged predatory lending practices. As a result, the plaintiff’s individual claims were referred to arbitration. Also led the appellate team that convinced Maryland’s highest court to affirm the lower court’s order.
Walther v. Sovereign Bank, 386 Md. 412, 872 A.2d 735, Md., April 20, 2005. - View all...
Publications
- “Revisions Trigger Wave of Litigation,” In-House Defense Quarterly, Defense Research Institute (Spring 2008)
- Co-author, "Marshalling An Effective Defense Amid Wave of Food Contamination Litigation," Food and Drug Law, Regulation and Education Update, Food and Drug Law Institute (July/August 2007)
- “Food Product Liability Class Actions,” Law.com (March 30, 2007)
- Co-author, "Defending A Food Contamination Case," International Association of Defense Counsel, Defense Counsel Journal, Vol. 74, No. 3 (July 2007)
Speeches / Presentations
- “Discovery: Where Most Cases are Won or Lost,” Pennsylvania Bar Institute (August 9, 2007)
- “Food Contamination: Litigation Challenges and How to Respond" (teleseminar, co-presented on May 31, 2007)
Experience
| 2002 | Reed Smith |
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| 1996 | Jones Day Reavis & Pogue – Associate |
| 1987 | U.S. Department of the Navy, Naval Air Systems Command – Civilian Aerospace Engineer and Manager During his nearly 10 years with the Navy, John performed significant research and analysis for the F/A-18 aircraft program. As such, he worked closely with engineers and managers at McDonnell Douglas, Northrop and General Electric, as well as senior program managers and Congressional staffers in Washington, D.C. |
Legal Education
| 1996 | J.D., magna cum laude, Temple University School of Law |
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Undergraduate Education
| 1986 | B.S., Penn State University, Aerospace Engineering |
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Professional Admissions / Qualifications
- Pennsylvania
- U.S. Patent and Trademark Office
Court Admissions
- U.S. District Court - Eastern District of Pennsylvania
- U.S. District Court - Western District of Pennsylvania
- U.S. Court of Appeals - Fourth Circuit
- U.S. Court of Appeals - Ninth Circuit
- U.S. Court of Appeals - Third Circuit
- State Supreme Court - Pennsylvania
- U.S. Supreme Court
Professional Affiliations
- March of Dimes – Chairman of the Board of Trustees for the Western Pennsylvania Division
- March of Dimes – Vice Chairman of the Board of Trustees for the Pennsylvania Chapter
- Elected and served as Delegate to the 2008 Republican National Convention in Minneapolis, Minnesota
Interests
John holds a black belt in Tae Kwon Do.