PAUL B. KERRIGAN Wallingford, Pennsylvania 19086 (610) 891-0953 (Home) (215) 779-5440 (Cell) pbkerrigan@comcast.

net

CAREER PROFILE A career litigator (September 1981 to present) with extensive experience and significant case responsibilities in complex matters involving prescription drugs and medical devices, including class actions, multidistrict litigation (MDL No. 1014 In re: Orthopedic Bone Screw Litigation), (MDL No. 1148 In re: Latex Gloves Products Liability Litigation), (MDL No. 1203 In re: Diet Drugs Products Liability Litigation), and coordinated state court actions. First-chair experience in successfully trying to verdict jury and non-jury cases in state and federal courts, administrative actions before governmental agencies, and arbitration claims before Panels of the American Arbitration Association. Experienced and successful advocate before Pennsylvania appellate courts. Specific expertise in prescription drug and medical device preemption law, removal of actions from state to federal courts, and settlements of multi-party and class-action litigation. Extensive experience in construction, municipal finance, and general commercial litigation. SELECTED CAREER ACCOMPLISHMENTS Argued before Pennsylvania Supreme Court (December 2010) on scope of the two-disease rule in asbestos litigation involving suits for successive malignancies (lung cancer in 1994 and mesothelioma in 2005). Defense verdict in state court for Delaware County premises owner in personal injury action. Successful motion to dismiss consumer fraud class action as to New York-based manufacturer of baby bath products alleged to be contaminated with 1,4 dioxane and formaldehyde. Co-Counsel to Defendants Liaison Counsel in MDL No. 1203, In re: Diet Drugs Products Liability Litigation, (E.D. Pa.). Successful Daubert challenge to plaintiffs generic cardiology expert in MDL No. 1203, In re: Diet Drugs Products Liability Litigation, (E.D. Pa.). Summary judgment for manufacturer of medical vinyl gloves in a fear of AIDS case in the Philadelphia Court of Common Pleas. Summary judgment on preemption for a Class II orthopedic device in Delaware state court. Defense verdict in federal court for Canadian corporation sued for a substantial finders fee relating to the identification of a corporate merger candidate. Successfully defended a municipal sewer authority in a $100 million mandamus action challenging its autonomy and right to enter into a contract with landfill to accept pre-treated leachate Successfully defended citizens challenges to a $40 million suburban school district bond issue and a $15 million Northeastern Pennsylvania school district bond issue, in the first instance prevailing on a motion for summary judgment and affirmed on appeal; in the second, prevailing at trial before the Department of Community Affairs and affirmed on appeal. Represented general contractor in a 22-day construction arbitration; prevailed on affirmative claim for damages and successfully defended counterclaim (no damages awarded). PROFESSIONAL EXPERIENCE Law Office of Paul B. Kerrigan

February 1, 2011 to present

McGivney & Kluger, P.C., Philadelphia, PA REED SMITH LLP, Philadelphia, PA Counsel 10/98 to 12/04 Non-Equity Partner 1/05 to 12/07 Counsel 1/08 to 3/09 Kerrigan Dunne, Philadelphia, PA Founding Partner McKissock & Hoffman, P.C., Philadelphia, PA Shareholder PEPPER, HAMILTON LLP, Philadelphia, PA Partner (1991 to 1995) Associate (1981 to 1990)

March 2009 to January 31, 2011 October 1998 to March 2009

Oct. 1997 to Sept. 1998

May 1995 to Oct. 1997

Sept. 1981 to May 1995

EDUCATION J.D., Cum Laude, 1981 The Pennsylvania State University Dickinson School of Law, Carlisle, PA M.S., Counselor Education, 1977 A.B., History, Summa cum Laude, 1974 University of Scranton, Scranton, PA PUBLICATIONS International Association of Defense Counsel, Drug, Device and Biotech Committee Newsletter, Exxon Shipping Co. v. Baker: Will the 1:1 Punitive Damages Ratio in Maritime Law Become the Paradigm for a Due Process Evaluation of Punitive Awards?, September 2008. Product Liability Update, The Rule of Construction Clarifying or Confounding the Preemption Debate about Prescription Drug Warnings, Vol. III, No. 10, November 2007. Drug and Device Law Blog, Invited Guest Blogger on Preemption Issues in Drug and Medical Device Litigation and the Food and Drug Administration Amendments Act of 2007. American Lawyer Media, Panelist, Roundtable Discussion, Class Action Fairness Act A Discussion of Congress Measure to Federalize Class Actions, Spring 2004. COURT ADMISSIONS Pennsylvania State Courts Federal Courts: E.D. Pa. and M.D. Pa. U.S. Court of Appeals for the Third Circuit PROFESSIONAL ACTIVITIES American Bar Association; Pennsylvania Bar Association; and Defense Research Institute. Lecturer, Pennsylvania Bar Institute CLE Programs in Ethics and Products Liability. Presenter, Insurance Industry CLE Programs on topics of preemption of prescription drug and medical device claims (2009) and no-injury consumer fraud class actions (2010).