MEET OUR TEAM

JOSEPH J. McALEE

EDUCATION

Joseph J. McAlee received his Juris Doctorate from Temple University School of Law in 1988 and his LL.M. in taxation from Temple in 2008. He attended Villanova University as an undergraduate receiving a B.S. with a major in Accounting in 1985.

BAR ADMISSIONS

Mr. McAlee was admitted to the practice of law in the Commonwealth of Pennsylvania in November, 1988. He was admitted to the practice of law in the State of New Jersey in December, 1988. Mr. McAlee is admitted to practice before the United States Supreme Court, the Pennsylvania Supreme Court and the New Jersey Supreme Court. He is also admitted to practice before the United States Courts of Appeals for the Third and Tenth Circuits as well as the United States District Courts for the Eastern District of Pennsylvania and the District of New Jersey. He has, throughout his career, been admitted to practice in multiple federal district courts pro hac vice as trial counsel.

DISTINCTIONS

Mr. McAlee was selected as a Super Lawyer in the area of civil rights in 2005 and 2006. He is a co-author of “Sexual Harassment in the Hospital Workplace: Risk Management Initiatives and Litigation and Liability Issues,” Second Annual Health Law Institute, Pennsylvania Bar Institute, 1996.

AREAS OF SPECIALIZATION / EXPERIENCE

Joseph J. McAlee has twenty-seven (27) years of defense litigation experience. He specializes in FELA and public transportation authority and common carrier defense litigation. He also has expertise in governmental immunity, constitutional and state tax litigation, commercial litigation and civil rights.

Mr. McAlee was the lead attorney in charge of and author of the motion for summary judgment in Zimmerman v SEPTA, 17 F.Supp.2d 372 (E.D.Pa.1998) affirmed, 168 F.3d 680 (3rd Cir. 1999) which involved several novel issues related to the responsibility of rail carriers to trespassers, including whether the attractive nuisance doctrine applied to the mentally ill and the liability of a rail carrier as a supplier of electricity.

Mr. McAlee participated at trial on behalf of Conrail which resulted in a defense verdict for Conrail in the matter of Michael L. Russo, Adm. v. Consolidated Rail Corporation, Court of Common Pleas, Montgomery County, Docket No. 1991-06699, where plaintiff claimed Conrail’s failure to undertake the redesign of an overhead bridge resulted in the death of plaintiff’s decedent whose automobile leapt the guardrail and crashed on to the right-of-way.

Mr. McAlee also has a broad base of experience in many other types of cases in which he has obtained successful results for his clients. In the area of constitutional tax litigation, Mr. McAlee represented the Pennsylvania counties at trial and on appeal in a suit over the constitutionality of the Pennsylvania personal property tax and advised the counties on the implementation of a constitutionally mandated remedy as directed by the Supreme Court of Pennsylvania in Annenberg v. Commonwealth of Pennsylvania, 562 Pa. 581, 757 A.2d 338 (2002). He was also a member of a team of attorneys successfully defending the County and the County Convention Center in an action challenging the constitutionality of a state tax in Bold Corp. v. County of Lancaster, 569 Pa. 107, 801 A.2d 469 (Pa. 2002).

Mr. McAlee has also represented taxpayers and taxing jurisdictions before the boards of assessment appeals, at the trial court level and on appeal in ad valorem property tax litigation as well as other matters related to the imposition and collection of state and local taxes.

In the area of commercial litigation, Mr. McAlee participated in the defense at trial on behalf of a physician sued for breach of contract and fraud over the purchase of diagnostic equipment by a hospital which resulted in a defense verdict in Kusner v. Sarubin, Court of Common Pleas, Montgomery County, Docket No. 1986-14454. He also represented and obtained a verdict and judgment on behalf of the plaintiff in a breach of contract action in Penske Truck Leasing Co., L.P. v. Team Transportation, Court of Common Pleas, Lehigh County, Docket No. 2004-C- 2974.

In the area of civil rights, Mr. McAlee was the member of a team of attorneys that successfully defended a church that was sued in the state and federal courts by another church alleging civil rights violations arising from the distribution of funds from various trusts in 19th St. Baptist Church v. St. Peter’s Episcopal Church, 190 F.R.D. 345 (E.D. Pa. 2000) and 2003 WL 22849592 (E.D. Pa. 2003). He also persuaded the Court to dismiss, with prejudice, an action filed against his
client, a defendant-physician, who had been sued for civil rights violations in connection with a plaintiff’s alleged wrongful committal to a psychiatric facility in Musko v. McClandless, (E.D. Pa. Docket No. 94-3938).

Mr. McAlee has also written briefs for and/or argued before the state and federal appellate courts. He has experience in all types of ADR forums, having represented clients in mediation and binding and non-binding arbitration.