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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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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

Defense Victory in Bellwether Drug Trial Affirmed

By Sean Wajert on June 15, 2012
Posted in Articles, Drug and Device

A state appeals court recently upheld a judgment for defendant in the first bellwether trial in consolidated litigation in New Jersey over claims conc…
Continue Reading Defense Victory in Bellwether Drug Trial Affirmed

Learned Intermediary Adopted in Texas

By Sean Wajert on June 14, 2012
Posted in Articles, Drug and Device

We cannot comment, but commend to your study the recent decision by the Texas Supreme Court on the applicability of the learned intermediary doctrine …
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State Supreme Court Upholds Verdict For Device Maker

By Sean Wajert on September 29, 2010
Posted in Articles, Drug and Device

The Connecticut Supreme Court recently took a second look at a case offering guidance on the application of the learned intermediary defense, and affi…
Continue Reading State Supreme Court Upholds Verdict For Device Maker

Appeals Court Affirms Summary Judgment Based on Learned Intermediary Rule

By Sean Wajert on March 17, 2010
Posted in Articles, Drug and Device

A federal appeals court recently affirmed judgment for the maker of an anti-depressant drug, ruling that the plaintiff could not show that an allegedl…
Continue Reading Appeals Court Affirms Summary Judgment Based on Learned Intermediary Rule

9th Circuit Affirms Summary Judgment In Failure To Warn Case

By Sean Wajert on December 22, 2008
Posted in Articles, Drug and Device

The Ninth Circuit has affirmed that the trial court did not err in granting summary judgment for defendant Merck under California’s learned intermedia…
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Maryland Court Resists Imposing “Duty To The World” On Pharmaceutical Maker

By Sean Wajert on September 26, 2008
Posted in Articles, Drug and Device

Maryland’s top court recently affirmed summary judgment for defendant Eli Lilly & Co., in a case brought by a widow whose husband was killed in an…
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5th Circuit Clarifies Heeding Presumption in Learned Intermediary Case

By Sean Wajert on April 27, 2008
Posted in Articles, Drug and Device

In a previous post, MassTortDefense began analysis of the 5th Circuit’s decision in Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, Apri…
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5th Circuit Clarifies Learned Intermediary Doctrine and Heeding Presumption

By Sean Wajert on April 26, 2008
Posted in Articles, Drug and Device

In Ackermann v. Wyeth Pharmaceuticals, 2008 WL 1821379 (5th Cir, April 24, 2008), the Fifth Circuit addressed a couple of very important issues affect…
Continue Reading 5th Circuit Clarifies Learned Intermediary Doctrine and Heeding Presumption

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Phone: 215.278.2430
Fax: 215.278.2594
Email: swajert@shb.com
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About My Practice

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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