Featured Articles

DePuy Tricks Hip Recall Patients Into Losing Legal Rights

Maxwell Kennerly
August 22, 2011 11:09

The Executive Editor of the New England Journal of Medicine recently called the DePuy ASR hip replacement recall a “public health nightmare” and a prime example for why the FDA needs to fix the “510(k) clearance” loophole that allows the … Continue reading →© Max...

NFL Players’ Brain Injury Medical Monitoring Class Action Already In Trouble

Maxwell Kennerly
September 01, 2011 11:21

In retrospect, it’s obvious: battering your brain and sustaining concussions on a regular basis as part of your job can have severe long-term consequences. I remember back when I played football in school that there was already a long-standing debate … Continue reading →© Max...

Accountability After The National Championship Air Races Disaster

Maxwell Kennerly
September 18, 2011 13:08

In the blink of an eye, Jimmy Leeward’s P-51 Galloping Ghost went from rounding the last turn at National Championship Air Races in Reno to sharply pitching upward, rolling over, and then diving straight down into box seats full of … Continue reading →© Max Kennerly. The original for...

The New Legislative Assault On Pennsylvania Civil Justice

September 08, 2011 11:11

Earlier this week the Pennsylvania Association for Justice sent out a “Legislative Alert” on the six proposed bills in the Pennsylvania state legislature aimed at cheating injured consumers, patients, and citizens out of fair compensation: HB. 184 Creating specialty courts … Continue reading...

Poet Laureate Philip Levine On Writing “Where The Poem Leads”

August 16, 2011 10:08

As a lawyer, you’re either a conversationalist, a counselor, a writer, a storyteller, or some mixture of them all. I spend a fair amount of my time reading or writing pleadings and briefs, a fair amount of time either preparing … Continue reading →© Max Kennerly. The original for...

Erica Simone vs Zappos: Nudity Can’t Be Copyrighted

August 11, 2011 10:40

There’s an interesting dichotomy in artistic fields like photography and music in which the audience often describes art as having ineffable qualities arising from inspiration, creativity, and talent, while artists describe art like work as being the product of persistence, … Continue...

Perdue v. Kenny A. Keeps On Punishing Class Action Lawyers

August 17, 2011 10:47

I complained back when the Supreme Court’s Perdue v. Kenny A. opinion first came out more than a year ago, knocking down attorney’s fees awarded to a set of extraordinary children’s rights lawyers: It’s no stretch to say those lawyers … Continue reading →© Max...

Can Jaycee Dugard Sue The Government For Negligent Parole Supervision?

Maxwell Kennerly
September 26, 2011 10:46

I’ve written several times before how difficult it is to sue the government for failing to do its job, like how you can’t sue the police department for failing to enforce a court order. It’s tough to sue the government … Continue reading →© Max Kennerly. The original...

The Sue-Happy Lie: Don’t Believe Every Legal Infographic You See

Maxwell Kennerly
September 13, 2011 10:48

Search engine optimization is all the rage today, and one of the most common tools is to create an infographic. In theory, people will see your pretty graphic and, if they agree with it, will link to it, and thereafter … Continue reading →© Max Kennerly. The original for this post is...

Attorney Work-Life Balance and the Stalwart Worker

Maxwell Kennerly
August 30, 2011 13:32

If you follow any legal news or law blogs, you won’t go long without another article on the concept of “work-life balance.” I try to stay out of the debate because it usually goes nowhere, but I’ve even had a … Continue reading →© Max Kennerly. The original for...