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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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Court of Appeals Affirms Summary Judgment in Home Products Case

By Sean Wajert on April 20, 2016
Posted in Consumer Fraud, Consumer Products

The 8th Circuit recently affirmed the grant of summary judgment to the defendant in a proposed class action brought by an Iowa homeowner suing over allegedly defective house trim.  See Brown v. La.-Pac. Corp., No. 15-1830, 2016 WL 1425824 (8th Cir. 4/12/16).

In 2003, Brown purchased a lot and hired a contractor, who in turn…

Noodle Class Action Dismissed

By Sean Wajert on August 21, 2015
Posted in Articles, Chemical, Class Action, Consumer Fraud, Food and Beverage

A California federal court recently dismissed a proposed class action over alleged trans fat in defendant’s Cup Noodle products. See Guttmann v. Nissi…
Continue Reading Noodle Class Action Dismissed

Class Certification Denied in Auto Case

By Sean Wajert on June 28, 2013
Posted in Articles, Class Action, Consumer Products

A federal court has declined to certify a proposed class of Ford Focus drivers who allege a suspension defect in their cars. Daniel v. Ford Motor Co.,…
Continue Reading Class Certification Denied in Auto Case

Another Un-natural “Natural” Claim Dismissed

By Sean Wajert on June 4, 2013
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

We have posted before about the disturbing trend of plaintiffs parsing food labels to find something to complain about — not that the product is unhe…
Continue Reading Another Un-natural “Natural” Claim Dismissed

Another “Natural” Food Claim Falls to Common Sense

By Sean Wajert on January 18, 2013
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

A federal district court recently dismissed a putative class action alleging the defendant food company mislabeled its Florida’s Natural products as 1…
Continue Reading Another “Natural” Food Claim Falls to Common Sense

Coffee’s On: Claims Dismissed in Single-Cup Brewing Class Litigation

By Sean Wajert on December 30, 2011
Posted in Articles, Class Action, Consumer Products

A federal court last week dismissed the claims in a case accusing Green Mountain Coffee Roasters of misrepresenting the performance quality of its sin…
Continue Reading Coffee’s On: Claims Dismissed in Single-Cup Brewing Class Litigation

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…
Continue Reading Strict Liability Does Not Apply to Medical Devices

Choice of Law Defeats Another Proposed Nationwide Consumer Fraud Class

By Sean Wajert on November 25, 2011
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

A federal court recently ruled that a suit over alleged defects in an MP3 player’s display screen could not proceed as a nationwide class action. See …
Continue Reading Choice of Law Defeats Another Proposed Nationwide Consumer Fraud Class

Game Over for Plaintiffs in Wii Class Action

By Sean Wajert on October 5, 2010
Posted in Articles, Class Action, Consumer Fraud, Consumer Products

A federal court last week granted defendant’s summary judgment motion in a putative class action alleging Nintendo of America Inc. sold defective wris…
Continue Reading Game Over for Plaintiffs in Wii Class Action

Cap’n Crunch Defeats Class Action Marauders

By Sean Wajert on July 12, 2010
Posted in Articles, Class Action, Consumer Fraud, Consumer Products, Food and Beverage

A federal court has dismissed a proposed class action against PepsiCo Inc. alleging that consumers were somehow being misled to believe that the comp…
Continue Reading Cap’n Crunch Defeats Class Action Marauders

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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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