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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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Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design

By Sean Wajert on January 14, 2015
Posted in Articles, Consumer Products

A federal court in Texas recently rejected design defect claims in a product liability case when plaintiff failed to offer a required cost estimate fo…
Continue Reading Design Defect Claim Rejected for Lack of Cost Estimate on Alternative Design

Supreme Court Issues Important Preemption Ruling

By Sean Wajert on July 1, 2013
Posted in Articles, Drug and Device

The Supreme Court last week reversed the First Circuit decision in Mutual Pharmaceutical Co. v. Bartlett, No. 12-142 (U.S., 6/24/13). Readers will rec…
Continue Reading Supreme Court Issues Important Preemption Ruling

Summary Judgment for Defendant in Heater Case

By Sean Wajert on April 30, 2013
Posted in Articles, Consumer Products

A federal court granted defendant summary judgment in a products case alleging that a propane heater that exploded was responsible for plaintiff’s hus…
Continue Reading Summary Judgment for Defendant in Heater Case

Amicus Weighs In On Daubert Issue in Court of Appeals

By Sean Wajert on November 13, 2012
Posted in Articles, Consumer Products

The Product Liability Advisory Council weighed in as amicus earlier this month, asking the Eleventh Circuit to reverse a district court ruling that ha…
Continue Reading Amicus Weighs In On Daubert Issue in Court of Appeals

Court of Appeals Reverses Daubert Decision

By Sean Wajert on September 4, 2012
Posted in Articles, Consumer Products

A tip of the hat to our DRI colleague Mike Weston for alerting us to an interesting 10th Circuit opinion from a couple weeks ago, Hoffman v. Ford Moto…
Continue Reading Court of Appeals Reverses Daubert Decision

Failure of Expert Testimony on Alternative Designs Dooms Claim

By Sean Wajert on August 9, 2012
Posted in Articles

A New Jersey appeals court ruled recently that plaintiffs’ expert testimony was indeed insufficient in a suit over a fire and explosion involving a fu…
Continue Reading Failure of Expert Testimony on Alternative Designs Dooms Claim

Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product

By Sean Wajert on July 30, 2012
Posted in Articles, Consumer Products, Food and Beverage

Country music fans among our readers may recall the Garth Brooks’ song “Longneck Bottle.” That tune, from his CD “Sevens,” reached…
Continue Reading Product Seller (Still) Has No Duty To Protect From Criminal’s Use Of Product

Appeals Court Vacates Asbestos Plaintiff Jury Verdict

By Sean Wajert on July 3, 2012
Posted in Articles, Chemical, Toxic Tort

The Florida court of appeals recently reversed a $6.6 million judgment for the plaintiff in an asbestos case raising interesting issues of the law app…
Continue Reading Appeals Court Vacates Asbestos Plaintiff Jury Verdict

Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test

By Sean Wajert on September 30, 2011
Posted in Articles, Consumer Products

Back when we taught Products Liability in law school, one of the topics that always got significant attention and discussion from the bright-eyed stud…
Continue Reading Expert May Be Needed on Design Defect, Even Under Consumer Expectations Test

Proof of Feasible Alternative Design Does Not Prove Defect

By Sean Wajert on September 2, 2011
Posted in Articles

Readers know that most jurisdictions require that a plaintiff alleging a design defect in a product must produce sufficient evidence of a feasible alt…
Continue Reading Proof of Feasible Alternative Design Does Not Prove Defect

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Fax: 215.278.2594
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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