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Published by Sean P. Wajert

Mass Tort Defense

Defense of Mass Tort Claims, Class Actions, and Significant Product-Based Litigation

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Motion to Dismiss Granted in Juice Case

By Sean Wajert on July 9, 2014
Posted in Articles, Class Action, Consumer Fraud, Food and Beverage

A California federal court has rejected a proposed class action complaint arising from alleged misleading labeling and advertising of vegetable juice …
Continue Reading Motion to Dismiss Granted in Juice Case

Medical Monitoring Complaint Held Insufficient

By Sean Wajert on February 15, 2012
Posted in Articles, Chemical, Medical Monitoring, Toxic Tort

A federal trial court last week dismissed a medical monitoring claim by an employee of a pipe cleaning company pursuant to Twombly. Royal v. Exxon Mob…
Continue Reading Medical Monitoring Complaint Held Insufficient

Defect Allegations Insufficient in Drug Case

By Sean Wajert on October 17, 2011
Posted in Articles, Drug and Device

We may be accustomed to talking about whether a product was “defective” and, as counsel for defendant sellers, working hard to show that the…
Continue Reading Defect Allegations Insufficient in Drug Case

A Picture Worth a Thousand Words Under Twombly?

By Sean Wajert on August 12, 2011
Posted in Articles, Class Action, Toxic Tort

We have posted about plaintiffs attorneys seeking to exploit the valuable and significant economic boon that is hydraulic fracturing. Today’s post com…
Continue Reading A Picture Worth a Thousand Words Under Twombly?

Federal Court Dismisses Soda Misrepresentation Claim

By Sean Wajert on April 7, 2011
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

A New Jersey federal recently dismissed a putative class action accusing The Coca-Cola Co. of misleading consumers about the health value of the carbo…
Continue Reading Federal Court Dismisses Soda Misrepresentation Claim

Twombly and Iqbal Webinar

By Sean Wajert on October 26, 2010
Posted in Articles

Since the U.S. Supreme Court’s rulings in Twombly and Iqbal —which updated the Conley “any set of facts” standard for motions …
Continue Reading Twombly and Iqbal Webinar

Ninth Circuit “Strikes” a Blow for Proper Motion Procedure

By Sean Wajert on August 27, 2010
Posted in Articles

Phillies’ slugger Ryan Howard was ejected from a game this week in extra innings, leaving his team (which had no more position players) to insert ace …
Continue Reading Ninth Circuit “Strikes” a Blow for Proper Motion Procedure

Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?

By Sean Wajert on January 12, 2010
Posted in Articles

A suit over an allegedly defective truck is the stage for the latest entry in the debate whether the claim pleading standards clarified in Bell Atlant…
Continue Reading Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?

Anti-Iqbal Legislation Update

By Sean Wajert on November 25, 2009
Posted in Articles

A few months ago, we alerted readers to the bill that Sen. Arlen Specter (D-Pa.) had introduced that would undermine the clarified civil pleading stan…
Continue Reading Anti-Iqbal Legislation Update

Developments in Proposed Class Actions in China Drywall MDL

By Sean Wajert on November 10, 2009
Posted in Articles, Chemical, Class Action, Consumer Fraud, Consumer Products, Toxic Tort

In the Chinese Drywall MDL, certain plaintiffs recently moved for leave to amend their Class Action Complaint to expand the class definition as to def…
Continue Reading Developments in Proposed Class Actions in China Drywall MDL

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Email: swajert@shb.com
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Mass Tort Defense Lawyer & Attorney Sean P. Wajert of Shook, Hardy & Bacon LLP, offering services relating to mass torts, product liability, class actions, medical monitoring, pharmaceutical litigation, consumer fraud act defense, complex litigation.

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