On May 20, 2019, the United States Supreme Court decided Merck v. Albrecht (In re Fosamax), No. 17-290 (text version available here), destroying most of the arguments routinely used by drug companies to claim that plaintiffs’ cases are “preempted” and have to be dismissed. The law for people injured by branded prescription drugs
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The Fifth Circuit Abandons The Rule Of Law To Spite A Transgender Inmate
On March 29, 2019, a divided Fifth Circuit panel issued their decision Gibson v. Collier, No. 16-51148, involving a transgender inmate. The majority’s opinion by Judge James Ho is outrageous, an example of the very worst sort of result-driven judicial activism. The majority cast aside multiple foundational principles of law — including basic respect
Can The City Of Philadelphia Be Sued Over The Center City Building Collapse?
Philly is still reeling from the horrific Center City building collapse last week. Every conversation I’ve had included both shock over the poor oversight of high-risk work like demolition and the conclusion that, surely, the City will be sued and will pay something towards the victims. Most everyone, including other lawyers who don’t do
NuvaRing Court Dismisses Bellwether Trials On Summary Judgment For No Good Reason
[Update, July 15, 2013: The Federal MDL court reached the opposite conclusion, denying summary judgment on liability and causation and on punitive damages. Those cases will now proceed to trial.]
In case you missed it, last week I had a guest post up at TortsProf lamenting how recent changes in civil procedure
Pleading The Fifth Amendment And Adverse Inferences In Civil Litigation
Updated, June 12, 2019
Ken over at Popehat has been chronicling the implosion of Prenda Law, a law firm that, on paper, represented copyright holders (particularly of adult films) suing individuals who had shared the films online. I would not dare try to summarize Ken’s comprehensive coverage, nor claim any direct knowledge of the
Sanctions For Failing To Disclose Adverse Precedent Under The Duty Of Candor
[Updated June 7, 2019, see below.]
A year and a half ago, I wrote a post, Philosophy Explains How Legal Ethics Turn Lawyers Into Liars, discussing a couple situations in which I witnessed my opposing counsel tell the judge an outright lie about the case.
I can’t say that I’m surprised to find
About This Blog
Note: I haven’t updated this blog since 2019. I’m still practicing law, just not with the hundreds of simultaneous cases I used to have (and thank goodness for that). You can call me at 215-948-2718 or email me at max@kennerlylaw.com.
Be A Potted Plant: Sanctions For Deposition Coaching and Witness Conferences
Updated June 11, 2019
During the Iran-Contra hearings, Brendan Sullivan, a senior partner at Williams & Connolly (I wrote more about them here) who represented Oliver North, famously responded to Senator Daniel Inouye’s criticism of Sullivan’s repeated objections during the Congressional hearings with “Well, sir, I’m not a potted plant. I’m here as the
Why It’s Hard For BigLaw Associates To Start Rainmaking
Two days ago, Ashby Jones at the WSJ Law Blog approvingly cited these remarks in Legal Week by Alex Novarese:
[W]hat surprised me was that there appeared to be a consistent anxiety regarding the pressures or expectations of winning business. On one hand, associates want early access to clients; indeed, they resent law firms that don’t
Law Practice Tip: Avoid Multitasking and Use Batch Processing
There is no shortage of productivity advice on the internet. Notable examples include Getting Things Done, 43 Folders (inventor of The Hipster PDA) and Zen Habits, and David Seah (inventor of The Printable CEO).
Truth is, most of these systems are notoriously difficult to fully implement and, like