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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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Class Action on Smoke Detectors Dismissed: All Smoke No Fire

By Sean Wajert on December 23, 2014
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

A California federal court recently rejected rejected a proposed class action in which plaintiffs alleged smoke alarms were defective in that the prod…
Continue Reading Class Action on Smoke Detectors Dismissed: All Smoke No Fire

Consumer Fraud Class Claim Dismissed in Beverage Case

By Sean Wajert on August 13, 2013
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

Readers have seen our warning about the trend in food and beverage claims attacking virtually every aspect of the product’s label as a supposed consum…
Continue Reading Consumer Fraud Class Claim Dismissed in Beverage Case

Proposed TV Class Action Dismissed Again

By Sean Wajert on December 7, 2011
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

A California federal court has again dismissed a proposed class action brought against Sony Corp. of America regarding allegedly defective televisions…
Continue Reading Proposed TV Class Action Dismissed Again

“Infected” Tissue Claim Not A Consumer Fraud Claim

By Sean Wajert on November 19, 2011
Posted in Articles, Consumer Fraud, Consumer Products, Toxic Tort

Readers have seen my warnings about plaintiff attorneys trying to turn every marketing statement of opinion or puffing into a consumer fraud claim. No…
Continue Reading “Infected” Tissue Claim Not A Consumer Fraud Claim

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 Proposed Television Consumer Fraud Class Action

By Sean Wajert on August 5, 2011
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

Here’s a case of a venerable rule (puffery) and an important new doctrine (Twiqbal) being applied in the context of a troubling trend — the spate of …
Continue Reading Federal Court Dismisses Proposed Television Consumer Fraud Class Action

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 …
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Duke Hosts Conference on Civil Rules

By Sean Wajert on May 20, 2010
Posted in Articles

At the request of the Standing Committee on Rules of Practice and Procedure, the Advisory Committee on Civil Rules sponsored a conference last week at…
Continue Reading Duke Hosts Conference on Civil Rules

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?

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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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