Hon. Jane Cutler Greenspan (Ret.) serves as an arbitrator, mediator, referee/special master, and neutral evaluator throughout the country in complex business/commercial, labor, and personal injury matters. She also has deep experience in Title IX matters and can conduct neutral investigations, hearings and has extensive experience as an external adjudicator.
Justice Greenspan joined the JAMS panel following a distinguished judicial and legal career spanning more than three decades. She served as a Justice of the Supreme Court of Pennsylvania authoring noteworthy decisions and was involved in decisions including but not limited to insurance coverage, legal and medical malpractice, class actions, environmental, trusts and estates, land use, elections, taxation, municipalities and government, employment, workers compensation, and surety. Prior to that, she served for 20 years as a Judge in the Trial Division of the Pennsylvania Court of Common Pleas, and more than 10 years as an Assistant District Attorney where she served as a Unit Chief. Justice Greenspan has utilized her extensive legal experience to conduct moot courts for appellate matters and oversee mock arguments.
Justice Greenspan was a Director of the American College of Business Court Judges and is a member of the American Law Institute. Due to her Title IX experience at several colleges, universities, and institutions of higher learning, Justice Greenspan was chosen to serve as an Advisor to the ALI Project on Campus Sexual Assault. She draws upon her wide-ranging legal experience and her diverse perspectives to resolve high stakes disputes in complex, multi-party cases. For matters that do not result in settlement the day of the mediation session, Justice Greenspan makes it a regular practice to follow up with counsel in the days and weeks after to tenaciously pursue resolution.
ADR Experience and Qualifications
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Certified as a civil mediator by the National Judicial College
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Served as a Major Trial Calendar Judge, Civil Discovery Judge, Section Leader of the Expedited Mixed Calendar, Civil Motions Judge
- Handled all civil discovery for the entire Court of Common Pleas over an entire year as civil discovery judge
- Handled and settled disputes at the motions stage and in equity cases including inter alia, real estate development, union strike, banking, and finance litigation
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Justice Greenspan handled a wide variety of matters as an arbitrator, mediator, trial judge and Supreme Court Justice including complex litigation involving:
- Accounting/Finance
- Administrative Law
- Appellate
- Arbitration
- Aviation involving both tort and contract
- Banking
- Bankruptcy
- Business/Commercial
- Civil Rights
- Class Action/Mass Tort
- Construction Defect
- Education/Schools
- Employment/Labor
- Energy/Utility
- Entertainment/Sports
- Environmental
- Estate/Probate/Trusts
- Family Law
- Financial Instruments including Swaps and Derivatives
- Franchise
- Governmental/Public Agency
- Healthcare
- Insurance
- Personal Injury/Torts
- Pharmaceuticals/Mass Torts
- Professional Liability: auditor, medical, and legal
- Real Property
- Telecommunications
Representative Matters
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Appellate
- In addition to her experience as a Justice of the Supreme Court of Pennsylvania, she gained extensive appellate litigation experience while representing the Commonwealth as Chief of Superior Court Appeals in the Office of the District Attorney from 1981 to 1986
- Selected to conduct moot courts for motions and appeals by attorneys facing oral argument
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Business Commercial
- Mediated numerous types of business matters including shareholder disputes, limited partnership agreements, as well as various business torts
- Mediated numerous cases as selected mediator in the largest financial bankruptcy in history
- Served as arbitrator in an ICC case involving a multi-million dollar commercial dispute
- Settled contentious and difficult partner dissolution of a highly lucrative medical malpractice and mass tort law firm during a marathon 16 hour mediation
- Arbitrated many partnership dissolutions ranging from medical practices to closely held family businesses
- Arbitrated and mediated many multi-million dollar commercial cases
- Mediated a quasi-contract matter involving the sale of concessions at a concert series
- Mediated a breach of contract matter involving the development and manufacturing of items for a theme park
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Class Action & Mass Tort
- Selected as settlement master to oversee payment distribution to class-action claimants in Pennsylvania as part of a $775 million dollar national pharmaceutical settlement resulting from multidistrict litigation regarding Xarelto, a blood-thinner drug
- Appointed special master by a federal court to verify and report upon the quality and value of a large class action settlement
- Served as a neutral evaluator in a class action matter involving wage & hour claims by employees of a warehouse facility
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Employment Law
- Comprehensive experience as a mediator and arbitrator in employment cases involving sexual harassment and sexual assault, including an extensive ongoing workplace harassment investigation
- Arbitrated and mediated many matters involving alleged employment discrimination
- Mediated a whistleblower matter involving retaliation against a former university employee for reporting the alleged misuse of funds
- Mediated several alleged wrongful termination matters
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Higher Education & Title IX
- College and University Title IX external adjudicator in sexual assault, sexual abuse and sexual harassment cases throughout the United States
- Has also handled appeals related to Title IX hearing outcomes
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Insurance
- Has mediated many insurance coverage disputes
- Has handled mock appellate arguments and served as a neutral evaluator in matters involving insurance issues including bad faith and coverage disputes as well as health insurance industry cases involving bankrupt insurance companies
- Mediated a dispute between an insurance broker and a former customer arising with numerous claims and counterclaims
- Mediated the resulting coverage disputes arising out of alleged misrepresentations in an insurance application
- Mediated an environmental insurance coverage dispute involving contaminated ground water and a high school
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Personal Injury
- Served as a neutral evaluator in airplane product liability matter regarding the technicalities of engine mechanism and choice of laws
- Has mediated and arbitrated many types of personal injury cases ranging from motor vehicle accidents and slip and falls to complex, multi-million dollar tort cases
- Mediated premises liability cases involving injury and death in locations such as gas station parking lots, nursing homes, apartment complexes, and construction sites
- Mediated various product liability cases involving injuries sustained from products varying from vehicle “riding steps” to medical devices
- Mediated a product liability case involving property damage in the form of contaminated water due to a petroleum spill
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Professional Liability
- Mediated a matter regarding non-payment for legal services and a counterclaim for legal malpractice
- Mediated various medical malpractice claims
Honors, Memberships, and Professional Activities
Selected Awards and Honors
- Recipient, Arthur E. Armitage Sr. Distinguished Alumni Award, Rutgers Law–Camden Alumni Association, 2016
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Recipient, Raymond J. Harley Award, Philadelphia District Attorneys Alumni Association, 2011
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Recipient, "Woman of Valor" award, Anti Defamation League of Philadelphia, June 2010
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Recipient, Award for Service to the Bench, Bar, and Citizenry, Lawyers’ Club of Philadelphia, 2008
Professional Activities
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Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
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Advisor, ALI Project on Sexual and Gender-Based Misconduct on Campus
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Director, American College of Business Court Judges, (Emeritus)
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Appointed E-Discovery Special Master and E-Discovery Mediator for the United States District Court for the Western District of Pennsylvania
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Appointed Bankruptcy Mediator for the United States Bankruptcy Court for the Districts of Delaware and New York
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Executive Committee, University of Pennsylvania American Inn of Court, 1996-2010 (President, 2004-2006 and Chairman, 2007-2009)
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Member, American Law Institute, since 2009
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Adjunct Professor and Arlin M. Adams Lecturer-in-Law teaching Appellate Advocacy, University of Pennsylvania Law School, 1989-1994
Selected Presentations and Speaking Engagements
- Speaker, lecturer, panelist, and participant before numerous legal and professional organizations including:
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Presenter, “A Comprehensive Training in Advanced Arbitration Skills,” 12th Annual Arbitration Training Institute, American Bar Association, Philadelphia, PA, May 2019
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Presenter on "Judge's Panel" Pepper Hamilton's Commercial Litigation CLE Event, Westin Hotel, Philadelphia, PA, June 2013
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Speaker, “Mediation How to Achieve a Successful Resolution of Your Client’s Case from a Former PA Supreme Court Justice”, 48th Annual Employment Law Institute program, April 2012
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Speaker/Panelist, "Philadelphia Complex Litigation Conference: Examining the Court's New Mass Tort and Asbestos Protocols" on June 5, 2012 "Ethics and Mass Torts: Settlements and Mediation."
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Speaker/Panelist, “275 Years of Freedom of the Press: A Reenactment of the Trial of John Peter Zenger”, Philadelphia Bar Association Annual Bench Bar Conference, Atlantic City, NJ, October 2010
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Speaker, “Mass Tort Litigation – Ethics”, Pennsylvania Bar Institute – CLE program, Philadelphia, PA, September 2010
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Participant - Searle Center, Northwestern University School of Law Judicial Symposiums: “The Pharmaceutical Industry: Economics, Regulations, and Legal Issues,” May, 2009; “Corporate Finance for Business Court Judges,” April 2008
Background and Education
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Justice, Supreme Court of Pennsylvania, 2008-2010
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Judge, Court of Common Pleas, Trial Division, 1987-2008
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Assistant District Attorney, Office of the District Attorney, Philadelphia, PA, 1976-1987
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Law Clerk to the late Honorable Robert N.C. Nix, Jr., Supreme Court of Pennsylvania, 1973-1975
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J.D., with High Honors, Rutgers University School of Law, Camden, NJ, 1973, Law Journal
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A.B., Smith College, Northampton, MA, 1970