About Max Kennerly
Max Kennerly has litigated and tried to verdict a wide variety of cases, from automotive product liability, to medical malpractice, to workplace safety. For example, he was trial counsel for a $20 million jury verdict in a surgical malpractice trial and for a $4.2 million jury verdict in a breach of contract trial. With his trial record and his experience in the vital parts of litigation that occur before trial, he is often able to secure settlements long before a trial is held. In 2016, he successfully settled a variety of cases involving defective medical implants, dangerous medications, medical malpractice, and civil rights violations. Mr. Kennerly is a graduate of Yale University (B.A., History, With Honors) and Temple School of Law, where he was a Law Faculty Scholar and a member of the Rubin Public Interest Society.
In his work for plaintiffs over the past decade, Mr. Kennerly has worked extensively at every part of the process, from investigation to discovery to briefing to trial and beyond, including appeals and bankruptcy. For his clients he has retained world-class experts including government officials who drafted the laws at issue, executives at drug research companies, infectious disease researchers, and medical school professors. He has also cross-examined world-class experts for the defense, including the inventor of the primary device used by one of the world’s largest companies for transportation, the creator of the main test used by car manufacturers to defend SUV rollover cases, the head of a world-renowned cancer treatment center, and the FDA administrator responsible for the Vioxx debacle. He 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.
Mr. Kennerly prides himself on moving the law forward for all injured people. For example, in August 2016, he won an important victory in federal court in Pennsylvania that prohibited insurance companies and negligent defendants from reducing the amount they would have to pay for the costs of future medical expenses. Mr. Kennerly writes regularly about the law at his Litigation and Trial blog, which was named by the American Bar Association Journal as one of the top 100 law blogs in the country every year since 2012. Mr. Kennerly is the co-author of the LexisNexis Practice Guide Pennsylvania Civil Discovery (5th edition, 2015), and the Litigation & Trial Law Blog. Mr. Kennerly’s legal writing is frequently cited in legal journals, including articles by judges, such as Our Continuing Struggle With the Idea That For-Profit Corporations Seek Profit, 47 Wake Forest L. Rev. 135 (2012) and The Dangers of Denial, 50 Wake Forest L. Rev. 761 (2015). A list of recent law review citations is available here. He is similarly often sought by the media to comment on high-profile cases, and a list of recent media mentions is available here.
Mr. Kennerly was recently invited to Capitol Hill to debate one of the leading defense attorneys for the pharmaceutical industry, a debate you can watch here: