Welcome to the detailed analysis for litigationandtrial.com. This domain is officially recognized as Injury and Malpractice Attorney Max Kennerly | Litigation & Trial. According to their official web presence, their primary focus is: "Attorney Max Kennerly's Litigation & Trial Law Blog discusses personal injury and medical malpractice lawsuits, including wrongful death, cerebral palsy, and car accidents, as well as product liability claims for Actos bladder cancer, vaginal mesh implants, and Pradaxa bleeding problems.".
"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 [email protected]."
"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 is far better now than it was before Albrecht, and as a result, it is likely that far more victims will get to see their day in court."
"After Albrecht, a branded prescription drug manufacturer can establish impossibility preemption — which happens when federal law makes it “impossible” for defendants to comply with state tort laws that enable victims to seek compensation — only if they can show:"
"The Supreme Court’s analysis in Albrecht is far more narrow than any preemption argument ever proposed by drug manufacturers, and far more narrow than the “clear evidence” tests many lower courts have been using since Wyeth v. Levine, 555 U.S. 555 (2009). As the Supreme Court itself said, “a drug manufacturer will not ordinarily be able to show that there is an actual conflict between state and federal law such that it was impossible to comply with both.” Albrecht at *17."
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As of July 24, 2026, litigationandtrial.com holds an estimated domain authority score of 43/100 based on our VisitRank tracking algorithms.
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