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Published by Sean P. Wajert

Mass Tort Defense

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

Twombly

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New Year’s Fitness Resolution- Drop the Fitness Tracker Class Action

By Sean Wajert on January 9, 2015
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

Surveys show that getting fit is one of the top 5 New Year’s resolutions. So perhaps timely that a federal court recently dismissed a proposed nationw…
Continue Reading New Year’s Fitness Resolution- Drop the Fitness Tracker Class Action

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

Medical Monitoring Complaint Held Insufficient

By Sean Wajert on February 15, 2012
Posted in Articles, Chemical, Medical Monitoring, Toxic Tort

A federal trial court last week dismissed a medical monitoring claim by an employee of a pipe cleaning company pursuant to Twombly. Royal v. Exxon Mob…
Continue Reading Medical Monitoring Complaint Held Insufficient

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

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

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

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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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