For more than a decade, I have devoted my law practice to representing injured plaintiffs. I’m listed in Super Lawyers and Best Lawyers in America.
Most of my cases involve either (1) a serious injury or wrongful death caused by someone else’s negligence or (2) nationwide litigation over defective medications and medical devices. I co-founded my own law firm, Kennerly Loutey LLC.
I’ve settled cases for multi-million dollar amounts. I have also taken to trial and jury verdict a variety of cases, from automotive product liability, to medical malpractice, to workplace safety. The cases I’ve tried include:
- 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.
I’m married with three kids. I’ve had several cases that required me to stand up against more than a dozen defense lawyers at once, and those experiences were nothing compared to trying to convince a Kindergartener to go to bed.
- Yale University, B.A. with Honors
- Temple University, J.D.
I am 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 appointed by the United States District Court for the Southern District of New York to be the Plaintiffs’ Liaison Counsel in the nationwide Mirena intracranial hypertension lawsuits. In addition to those cases, I actively litigate product liability cases over a variety of other defective drugs and implants including Essure, Nexium, hernia mesh, and Levaquin and Cipro.
Publications & Speaking Engagements:
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; you can read more about that on my media mentions page. I’ve also written pieces for specialty professional publications like Emergency Physicians Monthly.
Sometimes I lecture on the law, or take the plaintiffs’ side in debates. 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. In February 2016, I took the plaintiffs’ side in a debate on Capitol Hill to Congressional staffers about the role the FDA plays in dangerous drug lawsuits. You can watch the video here, and returned to do it again in April 2019.
Legal Advice Disclaimer
I’m a licensed attorney. I provide legal advice, but only to my clients — people who have a written agreement with me. I don’t provide legal advice through this site.
The discussions you see here — or on my Twitter feed 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. Thanks.