Law360 recently interviewed Blackwell Burke P.A. attorney Brendan M. Kenny for two articles. The first article discussed how to litigate multi-litigant cases when the U.S. Judicial Panel on Multidistrict Litigation (JPML) declines to create an MDL. This is becoming increasingly important, as the JPML has rejected centralization petitions at a much higher rate in recent years.
Mr. Kenny discussed how defendants can obtain some of the benefits of centralization without a formal MDL by convincing judges overseeing later-filed actions to stay these cases until the judge in the lead case can submit his or her decisions as supplemental authority in the other cases. Although these rulings won’t be binding, they may ultimately save the litigants from covering the same ground over and over. The full article is available to Law360 subscribers here.
The second Law360 article interviewing Mr. Kenny, reported on the proposed amendments to the Federal Rules of Civil Procedure. A rules committee for the U.S. Judicial Conference, the body of judges, attorneys, and others that helps set policy for federal courts, has proposed a host of changes to the Federal Rules of Civil Procedure. Among the changes are reductions in the number of discovery requests that each side can make in a case without asking a judge or an opponent for an extension.
Mr. Kenny discussed the effect of these proposed amendments on the scope of discovery in federal cases. He explained that these changes may encourage the parties to take a more focused and proportionate approach to discovery. The full article is available to Law360 subscribers here.
Brendan M. Kenny is the founder of the Twin Cities E-Discovery Forum and a member of the Seventh Circuit Electronic Discovery Pilot Program’s National Outreach Committee. He was named an “Up & Coming Attorney” by Minnesota Lawyer in 2013. The recognition highlights those lawyers within their first 10 years of practice who have already distinguished themselves by their achievements. Before joining Blackwell Burke P.A., Mr. Kenny was a Deputy Attorney General in the California Attorney General’s Office in San Francisco where he gained first-chair trial experience. Since joining Blackwell Burke, Mr. Kenny has focused his practice on toxic tort, products liability, and other complex litigation.
Blackwell Burke P.A., a litigation and trial boutique in Minneapolis, Minnesota, serves as national trial and litigation counsel for numerous Fortune 500 companies. The firm is recommended by Benchmark Litigation and honored as a “Go-To Law Firm” for the Top 500 Companies by Corporate Counsel magazine. The firm has represented corporate clients in practically every jurisdiction in the country, as well as several foreign countries.