Gerald S. Kerska

Associate

Gerald S. Kerska

Associate

Jerry Kerska focuses his practice on complex litigation.  He has deep experience litigating and arbitrating matters across a variety of industries, including healthcare, life sciences, and manufacturing.  A former federal appellate clerk, Jerry delivers creative and efficient solutions to clients’ most difficult legal issues.  Jerry has briefed cases in numerous federal courts of appeals and state courts of last resort.

Jerry is committed to pro bono work.  He has devoted considerable time to representing clients in civil rights and indigent defense matters.

Before joining Foley, Jerry served as a federal appellate clerk for judges on the U.S. Court of Appeals for the D.C. Circuit, the Eighth Circuit, and the Ninth Circuit.  His academic work has been cited by United States Supreme Court and the U.S. Court of Appeals for the Sixth Circuit.

 

Presentations and Publications

  • Co-author, “Key Rulings On Sentencing Guidelines After Loper Bright,” Law360 (December 19, 2024)
  • Criminal Consequences and the Anti-Injunction Act, 104 MINN. L. REV. HEADNOTES 51 (2020)
  • Restoring the Lost Anti-Injunction Act (with Kristin E. Hickman), 103 VA. L. REV. 1683 (2017) (cited by CIC Services, LLC v. IRS, 593 U.S. (2021))
  • Foreword, 101 MINN. L. REV. 1791 (2017)
  • Economic Protectionism and Occupational Licensing Reform, 101 MINN. L. REV. 1703 (2017)
17 January 2025 Press Releases

Foley Represents Hospice Coalition in Lawsuit Against CMS Special Focus Program

Foley & Lardner LLP is representing a multi-state coalition of hospices and hospice associations in challenging the Centers for Medicare & Medicaid Services’ Hospice Special Focus Program (SFP) Final Rule and List.
19 December 2024 In the News

Key Rulings On Sentencing Guidelines After Loper Bright

The U.S. Sentencing Guidelines are instrumental in criminal sentencing, as they provide courts with advisory ranges for imposing sentences.
03 October 2024 Deals and Wins

Foley Secures Precedent-Setting Victory in Constitutional Challenge to the False Claims Act’s Qui Tam Provisions

Foley & Lardner LLP is pleased to announce a landmark victory in a constitutional challenge to the qui tam provisions of the False Claims Act, resulting in the dismissal of a lawsuit against its clients, Florida Medical Associates, LLC, et al.
16 July 2024 Health Care Law Today

Chevron’s Demise Creates New False Claims Act Defenses

The demise of Chevron opens up new potential defenses in False Claims Act cases.
10 February 2023 Foley Viewpoints

Availability of RICO Claims to Foreign Holders of Arbitral Awards

The United States Supreme Court may soon provide to foreign holders of arbitral awards a powerful tool to enforce the awards in the United States against recalcitrant parties and their enablers — a claim under the Racketeer Influenced and Corrupt Organizations Act (RICO).