Our Attorneys

John D. Sear

Biography

John Sear has a uniquely diverse product liability defense practice. He defends manufacturers, distributors and sellers of chemical products and medical devices in personal injury cases across the country involving a variety of exposure and injury scenarios and circumstances. He is also well-versed in warranty practice which involves defending manufacturers of recreational vehicles, truck components and systems. His work has established pro-manufacturer precedent in North Dakota and Minnesota, minimizing manufacturer exposure in consumer warranty litigation.

From global manufacturers and marketers of premium institutional cleaning and sanitizing products to manufacturers and suppliers of medical devices and equipment, John aggressively defends clients in cases involving leukemia and other cancers, multiple chemical sensitivities, birth defects, and major organ diseases (e.g., lung, liver, kidney and central nervous system) and orthopedic injuries and disorders, as well as more acute injuries and illnesses resulting from inhalation, dermal, ocular, and ingestion exposures.

Regardless of the type of case he is defending, John prides himself on attacking the scientific and technical basis for allegations against his clients. He has earned a reputation for developing and advancing Daubert challenges to opponents’ expert testimony, from deposition through motion briefing and hearing. John has briefed and argued Daubert motions in such fields as:  chemistry, toxicology, orthopedics, epidemiology, human factors, mechanical engineering, biomechanics, economics, materials science, obstetrics and veterinary medicine.

 

More information about John's experience with Daubert can be found on his blog www.daubertuncensored.com or by following him on twitter at @daubertlawblog.

Education

  • University of Iowa College of Law, J.D., 1991
    with high distinction
    Moot Court Board, 1990-1991
    Iowa Law Review, Member, 1989 - 1990; Assoc. Editor, 1990 - 1991
  • Iowa State University, B.A., 1988
    with distinction
    Major:  Political Science

Bar Admissions

  • Minnesota, 1991
  • North Dakota, 1999

Court Admissions

  • U.S. District Court Eastern District of Arkansas, 2000
  • U.S. District Court Western District of Arkansas, 2000
  • U.S. District Court Western District of Michigan, 2010
  • U.S. District Court District of Minnesota, 1991
  • U.S. District Court District of North Dakota, 2002
  • U.S. District Court Eastern District of Wisconsin, 1995
  • U.S. District Court Western District of Wisconsin, 2005
  • U.S. Court of Appeals 7th Circuit, 2007
  • U.S. Court of Appeals 8th Circuit, 2008
  • U.S. Court of Appeals 10th Circuit, 2011

Memberships and Affiliations

American Bar Association

Hennepin County Bar Association

Minnesota State Bar Association

Recreational Vehicle Industry Association

Distinctions

SuperLawyer®, 2009-2011
    Minnesota Super Lawyers Magazine

Classes and Seminars Taught

Speaker, Summary Judgment Strategies for Challenging General and Specific Causation, and Effective Techniques for Developing Them, DRI Products Liability Conference, April 7-9, 2010, Las Vegas, NV

Guest Lecturer, Products Liability, University of Minnesota Law School, Oct. 26, 2009

Speaker, Preparing for Deposition: Strategies for Cooling the Hot Seat, 2006 Annual Product Safety & Liability Conference, July 14, 2006

Speaker, National Defense Counsel Programs: Corporate America's Secret Weapon, 2006 Annual Product Safety & Liability Conference, July 14, 2006

Speaker, Designing Warranties That Make Sense, Composites Fabricators Association, October 31, 1997, Orlando, Florida

Representative Cases

Block v. Toyota Motor Corp., 665 F.3d 944 (8th Cir. 2011)

Kilpatrick v. Breg, Inc., F.3d 1329 (11th Cir. 2010)

Anderson v. Crestliner, Inc., 564 N.W.2d 218 (Minn. Ct. App. 1997)

Clarys v. Ford Motor Co., 592 N.W. 2d 573 (N.D. 1999)

Williams v. Ecolab Inc., 2002 WL 31119997 (8th Cir. 2002)

Anderson v. Newmar Corp., 319 F Supp. 2d 943 (D. Minn. 2004)

Huhta v. Thermo King Corp., 2004 WL 1445540 (Minn. Ct. App. 2004)

Babin v. Ecolab Inc., 2005 WL 1629947 (W.D. La. 2005)

Bretheim v. Monaco Coach Corp., 2006 WL 3593044 (Minn. Ct. App. Dec. 12, 2006)

Sipe v. Workhorse Custom Chassis, LLC, 572 F.3d 525 (8th Cir. 2009)

Published Works

Effective Use of Evidence-Based Medicine to Challenge Causation Testimony, Product Liability Law & Strategy, August, 2011

A Daubert Checklist: Tips for Posturing Your Case for Successful Daubert Challenge, Product Liability Law & Strategy, February, 2010

The Impact of 2009 Amendments to Rule 15, Product Liability Law360, January 11, 2009

Huddled Masses Yearning to Strike It Rich: Foreign Plaintiffs Shopping for Gold in American Courts, Law.com, July 17, 2009 (Co-Author)

Uncertainties of Federal Disclosure Requirements for Employee Experts, Product Liability Law & Strategy, September 2008

Evidentiary Privileges for Corporate Counsel, The DRI Defense Library Series, 2008 (Chapter Co-Author)

Removal to Federal Court: Death of the First-Served Defendant Doctrine, Product Liability Law & Strategy, January 2007

The Uniform Statute of Limitations for Maritime Torts: It Tolls for No One, 25 Prod. Safety & Liab. Rep. 908, Sept. 26, 1997

An Introduction to Warranties: Are Your Composites As Good As You Say They Are?, Composites Fabrication, April 1997

Developing A Warning Strategy, Professional BoatBuilder Magazine, February 1997

Psychotherapist's Duty to Warn, 40 Federation of Insurance and Corporate Counsel Quarterly 406, Summer 1990