About Max Kennerly

I’m a trial lawyer for injured people and businesses. I’m listed in Super Lawyers, Best Lawyers in America, and other publications, and I’m regularly quoted by Associated Press, Reuters, New York Times, Law360, and the like discussing the legal issues of the day.

Attorney Max Kennerly

Education:Temple Law School (Law Faculty Scholar)Yale University (with Honors)

I’ve had the freedom throughout the course of my career, including now of counsel to Tor Hoerman Law, to choose the cases that speak to me. Most of my cases involve either (i) a negligently caused serious injury or wrongful death or (ii) nationwide litigation over defective medications and medical devices. Many of our cases come from other lawyers who realize that, when it comes to a catastrophically injured client, big corporations and insurers will stop at nothing to avoid paying their fair share.

I have litigated and successfully settled cases involving Pradaxa (a blood thinner), Actos (a diabetes drug), DePuy ASR (hip implants), medical malpractice (including failure to diagnose, surgical errors, and labor and delivery mistakes), automobile accidents, trucking accidents, civil rights violations, and improper airplane maintenance. I have also taken to trial and jury verdict a wide variety of cases, from automotive product liability, to medical malpractice, to workplace safety. In the past few years, the cases I’ve tried have included:

  • A five-week trial that resulted in the largest punitive damages ever awarded in a Pennsylvania medical malpractice case ($15 million), an award which was upheld on appeal; and,
  • A two-week trial on behalf of a shareholder of a business who was wrongly forced out, resulting in a $4.2 million award.

In terms of prescription drug and medical device litigation, I was recently appointed by the United States District Court for the Southern District of California to the Plaintiff’s Steering Committee for the In Re: Incretin-Based Therapies Products Liability Litigation, which revolves around a group of diabetes drugs that cause pancreatic cancer. I am co-chair of the “Law & Briefing Committee,” which develops legal strategies and arguments on behalf of all the plaintiffs. I am also actively litigating product liability cases over a variety of other defective drugs and implants.

I like the law, and I like to write about the law. I’m the co-author of the LexisNexis Practice Guide Pennsylvania Civil Discovery (5th edition, 2015). I’m also the author of Litigation & Trial, which you’re reading right now, one of the ABA Journal’s top 100 legal blogs every year since 2012. One of my greatest accomplishments as a legal writer was to see my blog cited by law review articles, including an article by Chancellor Leo Strine of the Delaware Court of Chancery, the preeminent business dispute court in the country. (You can see the post and article here.)

Because of my legal writing, I’m often called by publications and reporters to comment on recent legal issues; in in the past year or so, for example, I was quoted by The Morning Call on Pennsylvania’s antitrust lawsuit against the NCAA, by Reuters news discussing the Penn State child abuse scandal, by Vanity Fair discussing the Facebook ownership lawsuit from The Social Network, and The Hollywood Reporter on the Michael Hastings car crash fire. I’ve also written pieces for specialty professional publications like Emergency Physicians Monthly. Sometimes I lecture on the law; in October 2012, I spoke on a panel about deposition and discovery misconduct at the American Bar Association’s Torts and Insurance Practice Section Leadership Meeting.

I’m a graduate of Yale University (B.A., History, With Honors) and Temple School of Law, where I was a Law Faculty Scholar.

I’m married with three kids. I have learned that no one is more effective at pleading their case and cross-examining the opposition than a Kindergartener who feels they deserve a treat.

Legal Advice Disclaimer

I’m a licensed attorney and do provide legal advice, but I only provide legal advice to my clients — people who have a written agreement with me — and I don’t provide legal advice through this site. Please don’t take anything you read on the internet to be legal advice.

The discussions you see here — or on my Twitter feed or my Google+ page or anywhere else — aren’t any different from reading a newspaper or magazine article by a lawyer or watching a lawyer on a television show talk about a case. I might write about a legal issue relevant to your situation, but professional legal advice requires an in-depth discussion with you about your case, a thorough investigation into all the relevant facts, and substantial research into the relevant laws.

This Website’s Copyright

Litigation and Trial is the copyrighted work of Max Kennerly, all rights reserved. You may quote portions of writings in a manner consistent with fair use and with attribution, accompanied by a followed link back to the source URL of the writing. I’m usually quite happy to share pieces in full with attribution, just ask in advance.

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