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Published by Sean P. Wajert

Mass Tort Defense

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

preemption

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Important Preemption Decision

By Sean Wajert on December 17, 2015
Posted in Articles

Last week the Sixth Circuit issued a significant opinion in Yates v. Ortho-McNeil-Janssen Pharmaceuticals Inc., No. 15-3104, 2015 WL 8538119 (6th Cir.
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Preemption Found in Another Drug MDL

By Sean Wajert on November 28, 2015
Posted in Articles, Drug and Device

Implied preemption makes complete sense when it is evident that the FDA would not have permitted label changes that plaintiffs in private litigation s…
Continue Reading Preemption Found in Another Drug MDL

Proposed Class Action Stayed Pending FDA Guidance

By Sean Wajert on July 14, 2015
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

A California recently indicated he would stay a putative class action raising allegations about labeling of “evaporated cane juice” pendin…
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Local Fracking Ban Struck Down

By Sean Wajert on July 3, 2015
Posted in Articles, Chemical, Class Action, Toxic Tort

We typically focus on state court class actions when they reach the appellate level, but wanted to note an interesting decision at the trial court lev…
Continue Reading Local Fracking Ban Struck Down

Tea Class Action Dumped Overboard

By Sean Wajert on February 16, 2015
Posted in Articles, Class Action, Consumer Products, Food and Beverage

A federal court rejected a putative class action against tea maker Twinings North America, Inc. over antioxidant labeling. See Craig v. Twinings N. Am…
Continue Reading Tea Class Action Dumped Overboard

Mouthwash Class Action Washed Out

By Sean Wajert on November 13, 2014
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

A federal judge earlier this month granted defendant’s motion to dismiss a putative class action lawsuit accusing it of using misleading labeling on i…
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Energy Drink Case Subject to Primary Jurisdiction

By Sean Wajert on November 20, 2013
Posted in Articles, Class Action, Consumer Products, Food and Beverage

We have posted before about the important doctrine of primary jurisdiction. Last week, a defendant obtained dismissal of a proposed class action over …
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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…
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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…
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Supreme Court Declines to Review Medical Device Case

By Sean Wajert on October 2, 2012
Posted in Articles, Drug and Device

Earlier this week, the Supreme Court declined to hear plaintiff’s challenge to the Fourth Circuit’s decision on an important aspect of medical device …
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Sean P. Wajert
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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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