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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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PA Supreme Court Issues Important Strict Liability Decision

By Sean Wajert on November 28, 2014
Posted in Articles

Pennsylvania has long been a jurisdiction which followed unique, sometimes archaic, rules regarding strict product liability. The state Supreme Court …
Continue Reading PA Supreme Court Issues Important Strict Liability Decision

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

State Supreme Court Adopts Consumer Expectation Test for Alleged Food Defects

By Sean Wajert on July 18, 2012
Posted in Articles, Consumer Products, Food and Beverage

Our readers know that for nearly 50 years, an ongoing issue in product liability law has been the definition of “defect” within the strict l…
Continue Reading State Supreme Court Adopts Consumer Expectation Test for Alleged Food Defects

State Supreme Court Reverses Dangerous Expansion of Product Liability

By Sean Wajert on January 18, 2012
Posted in Chemical, Toxic Tort

The California Supreme Court held last week that the law does not impose liability on manufacturers of equipment used in conjunction with asbestos-con…
Continue Reading State Supreme Court Reverses Dangerous Expansion of Product Liability

Strict Liability Does Not Apply to Medical Devices

By Sean Wajert on November 26, 2011
Posted in Articles, Drug and Device

Another court has recognized that strict liability or breach of implied warranty claims do not lie against medical device makers. Horsmon v. Zimmer Ho…
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Defect Allegations Insufficient in Drug Case

By Sean Wajert on October 17, 2011
Posted in Articles, Drug and Device

We may be accustomed to talking about whether a product was “defective” and, as counsel for defendant sellers, working hard to show that the…
Continue Reading Defect Allegations Insufficient in Drug Case

State Supreme Court Adopts Risk Utility Test for Defect

By Sean Wajert on August 23, 2010
Posted in Articles, Consumer Products

The South Carolina Supreme Court last week vacated a $31 million verdict for a minor injured in a Ford Bronco rollover accident. Branham v. Ford Motor…
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Failure to Warn Claim Survives- But Why?

By Sean Wajert on July 19, 2010
Posted in Articles, Consumer Products

Sometimes, manufacturers have to wonder, what good does a warning do if the courts won’t require people to read and heed the warning given? Harley Dav…
Continue Reading Failure to Warn Claim Survives- But Why?

State Supreme Court Clarifies Subsequent Remedial Measure Doctrine

By Sean Wajert on November 2, 2009
Posted in Articles, Consumer Products

The Iowa Supreme Court last week issued an interesting decision clarifying the subsequent remedial measure doctrine in that jurisdiction, and offering…
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Use of Company Conduct Evidence to Prove Liability or Punitive Damages

By Sean Wajert on September 29, 2009
Posted in Articles, Consumer Products

As due process considerations have taken their more appropriate place in the law of punitive damages, see BMW of North America, Inc. v. Gore, 517 U.S.
Continue Reading Use of Company Conduct Evidence to Prove Liability or Punitive Damages

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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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