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Published by Sean P. Wajert

Mass Tort Defense

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

failure to warn

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Solomon Court Issues Wise Decision in Drug Case

By Sean Wajert on January 14, 2013
Posted in Articles, Drug and Device

The federal court in New Jersey recently granted summary judgment to a drug manufacturer in a failure to warn claim under Texas law. See Solomon v. Br…
Continue Reading Solomon Court Issues Wise Decision in Drug Case

Another Federal Court Applies Mensing

By Sean Wajert on October 8, 2012
Posted in Articles, Drug and Device

A federal court in Ohio recently ruled that a plaintiff who used only the generic form of the drug metoclopramide has no cause of action under the Ohi…
Continue Reading Another Federal Court Applies Mensing

Federal Court Offers Cogent Analysis of Warning Causation in Drug Case

By Sean Wajert on August 30, 2012
Posted in Articles, Drug and Device

A New Jersey federal court granted summary judgment last week to a pharmaceutical defendant in a failure to warn case. See Baker et al. v. APP Pharmac…
Continue Reading Federal Court Offers Cogent Analysis of Warning Causation in Drug Case

State Court Upholds Questionable Bystander Liability Claim

By Sean Wajert on August 1, 2011
Posted in Articles, Consumer Products

The Montana Supreme Court recently upheld the imposition of liability on a bat manufacturer for allegedly failing to warn about the dangers of aluminu…
Continue Reading State Court Upholds Questionable Bystander Liability Claim

Appeals Court Applies Sophisticated User Doctrine

By Sean Wajert on March 21, 2011
Posted in Articles, Chemical, Consumer Products

A California appeals court earlier this month affirmed a trial court’s dismissal of a product liability failure to warn claim, based on the sophistica…
Continue Reading Appeals Court Applies Sophisticated User Doctrine

Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory

By Sean Wajert on August 10, 2010
Posted in Articles, Drug and Device, Toxic Tort

One of the fascinating and disturbing things about failure to warn claims is the endless supply of creative, far-fetched, fantastic, implausible, fanc…
Continue Reading Failure to Warn Even When You Warn? Court Rejects Plaintiff’s Theory

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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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