A judge has held that there could be favourable costs consequences for Carnival if its rejected $15 million settlement offer in the Ruby Princess class action turns out to be more generous than the ultimate damages award, departing from a previous ruling that so-called Calderbank offers do not operate in group proceedings.
Cruise ship operator Carnival PLC has flagged a bid for indemnity costs after the lead applicant in a class action over a COVID-19 outbreak aboard the Ruby Princess rejected a $15 million settlement offer.
The lead applicant in a class action against Carnival PLC over a COVID-19 outbreak aboard its Ruby Princess cruise ship has lodged an appeal after she won her negligence case but walked away with only out-of-pocket expenses totaling $4,000.
A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought.
A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.
The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.
A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.
The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard.
Johnson & Johnson subsidiary Ethicon has been hit with an indemnity costs order for “unreasonable conduct” after its loss in last year’s pelvic mesh class action ruling, which found that the pharmaceutical giant did not adequately warn of the risks of the implants.
A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.