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
Maxwell S. Kennerly, Esquire
Maxwell S. Kennerly, Esquire is a legal publisher associated with a law practice that focuses on complex litigation involving pharmaceuticals, medical devices, and civil rights issues. The content typically covers detailed analyses of court decisions, regulatory challenges, and legal principles affecting drug and medical device liability, including preemption doctrines and FDA regulations. The publisher also addresses broader legal topics such as procedural justice and constitutional rights, with an emphasis on how courts handle cases involving serious medical needs and civil liberties. The blog serves as a resource for understanding litigation trends and legal strategies in health law and civil rights contexts.
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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…
The Unjust “Sporting Theory Of Justice” In Federal Courts
Over a century ago, in 1906, law professor Roscoe Pound outlined “The Causes of Popular Dissatisfaction with the Administration of Justice” in a speech to the American Bar Association. After conceding “dissatisfaction with the administration of justice is…
Watch “The Bleeding Edge” And Demand Medical Device Safety Reform
Imagine if lights, kitchen equipment, and home electronics didn’t need to be tested for electrical shock and fire hazards, and that no one ever certified that the devices were safe. Would you put them in your home?
What about a…
The Solicitor General’s Brief In Fosamax – An End To Levine Preemption?
Updated June 28, 2018 in light of the Supreme Court’s grant of certiorari. See more at the bottom of this post.
I’ve written many times before about the Supreme Court’s opinion Wyeth v. Levine, 555 U.S. 555 (2009), such as…
DNC Lawsuit Part 2: U.S. Intervention, Mueller, Free Speech, And The End-Game
My prior post went through the basics of the DNC Lawsuit against Russia, the Trump campaign, Wikileaks, and the individuals affiliated with each of them, specifically:
…
The Who, What, Where, When, & Why of the DNC Lawsuit
Earlier today, the Democratic National Committee filed a massive lawsuit against almost everyone arguably associated with the hack on the DNC’s servers, including the Russian Federation, Russia’s foreign military intelligence agency (GRU), the hacker known as “Guccifer 2.0,” Wikileaks, Donald…
Sexual Harassment And The Enforcement Of Non-Disclosure Agreements
Sparked by the #MeToo movement, several legislatures (including Pennsylvania, California, and New York) are considering prohibiting employers from including non-disclosure agreements (NDAs) and confidentiality clauses in the settlement of sexual harassment claims. It’s not hard to see why: to take…
The Opioid Crisis, The Courts, And The Chamber of Commerce
On Sunday, the Washington Post published a detailed investigative report about how the drug industry snuck through Congress a bill that ruined one of the Drug Enforcement Agency’s key tools in the fight against the opioid epidemic. The DEA’s own…
Equifax And The Long Legal Road In Data Breach Class Actions
Equifax, which knows more about you than your own mother, (1) failed to maintain its servers, (2) was hacked and lost sensitive personal data for 143 million people, (3) concealed that fact for months, (4) blamed another company for the…