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Maxwell S. Kennerly

215.931.2634

Education: 

  • Beasley School of Law at Temple University (Law Faculty Scholar and member of Rubin Public Interest Society)
  • Yale University (with Honors)

Bar Membership:

  • Pennsylvania
  • New Jersey
  • Third Circuit (federal appellate court for PA, NJ, DE)

I’ve had the freedom at The Beasley Firm 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.

 

In terms of negligence claims, I was, for example, co-counsel for plaintiff in a five-week trial that resulted in the largest punitive damages ever awarded in a Pennsylvania medical malpractice case, an award which was upheld on appeal. I’ve successfully resolved wrongful death and catastrophic injury claims arising from a variety of situations, such as trucking companies that fabricated their time sheets so their truckers could drive longer and liquor establishments that knowingly served minors and intoxicated persons.

 

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 medical products, like transvaginal mesh implants that erode through women’s internal organs.

 

I like the law, and I like to write about the law. I’m the author, with Jim Beasley, Jr., of the LexisNexis Practice Guide Pennsylvania Civil Discovery (3d, 2013). I’m also the author of Litigation & Trial, one of the ABA Journal’s top 100 legal blogs for 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 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.