Known for his ardent advocacy in complex and highly consequential cases, Keith McKenna represents corporate policyholders in federal and state courts across the country seeking damages, declaratory judgments, and other relief against insurance companies. Keith handles a wide range of complex commercial disputes for companies in industries including healthcare, pharmaceuticals, manufacturing, sports and entertainment, government services, real estate, and telecommunications.
Keith routinely litigates high-profile cases involving tens or hundreds of millions of dollars. Some of Keith’s notable work includes securing a landmark decision for Warren Pumps in a ruling that entitled Warren to access hundreds of millions of dollars in insurance coverage for its asbestos-related liabilities and changed the law on the critical question of how loss may be allocated among primary and excess insurers. In another groundbreaking case, Keith achieved the rarest of victories: a ruling that set aside a jury verdict against his client, Conduent State Healthcare—the first jury verdict that Delaware Superior Court Judge Mary Johnston has reversed in nearly 20 years on the bench. He also won a first-of-its-kind ruling in Delaware that Conduent was entitled to defense costs incurred in responding to a Civil Investigation Demand under its professional liability policy. Keith also recently secured the dismissal of a lawsuit against Crystal Windows & Doors that the company’s insurers filed to avoid indemnifying Crystal for alleged construction defects that caused over $20 million in damages. The New York Supreme Court’s ruling forced Crystal’s insurers to fulfill their coverage obligations and to pay Crystal’s attorneys’ fees.
Currently, Keith is representing Walmart in a lawsuit against nearly 40 insurance carriers related to coverage for hundreds of millions of dollars incurred in defending against thousands of lawsuits arising out of the sale and distribution of opioids and related settlements totaling more than $3 billion. Keith recently defeated efforts by dozens of Walmart’s insurers to dismiss its Arkansas action and earned a precedent-setting ruling establishing Walmart’s right to coverage for defense costs incurred in opioid-related lawsuits.
Keith has been recognized as a Plaintiffs’ Lawyer Trailblazer by The National Law Journal, a Leading Litigator by Lawdragon, and as a leading attorney by Chambers USA and The Legal 500.
Education:
- Rutgers School of Law (JD)
- Rutgers University (BA)
Practice Areas:
- Complex Commercial Litigation
- Insurance
Updated Sep 2024
