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Declassing orders must be ‘all or nothing’, court told in breast implants class action
Class Actions 2023-06-08 11:25 pm By Cindy Cameronne

A declassing bid by nine doctors in a class action on behalf of women allegedly injured by a one-size-fits-all approach to breast implant surgeries must apply to the entire proceeding, not just the claims against them, a court has heard.

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In appeal against SmileDirectClub, Invisalign says court didn’t get facts straight
Appeals 2023-06-05 12:56 pm By Cat Fredenburgh

Dental aligner maker Invisalign has appealed its loss in suit accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits.

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Former top judge lands post-retirement gig as referee in fight over J&J pelvic mesh settlement
Class Actions 2023-05-31 4:01 pm By Christine Caulfield

The Federal Court’s recently retired top judge has landed on his feet with his appointment by the court as referee to determine which of a group of competing firms should dole out a $300 million settlement that resolved the J&J pelvic mesh class actions.

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Healthcare REIT can’t add claims against Dexus in trust takeover spat
Real Estate 2023-05-23 5:45 pm By Sam Matthews

Real estate investment trust NorthWest can amend its pleadings in a lawsuit alleging one of the country’s largest unlisted healthcare property funds conspired to prevent it from acquiring a controlling stake, but has come up short in its bid to add to its claims against property giant Dexus.

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‘Extraordinary unhappiness’ with $300M J&J pelvic mesh settlement, court hears
Product Liability 2023-05-19 3:08 pm By Sam Matthews

A contradictor in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon has told the court of the “extraordinary amount of group member unhappiness” following approval of a $300 million settlement – the largest in the history of Australian product liability group proceedings.

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Are the courts really plagued by duplicative class actions?
Analysis 2023-05-15 12:39 pm By Christine Caulfield

A fed-up judge has vented his frustration with the problem of competing class actions in a move that appears to punish the second filed case against Medibank. But is he right that the courts are increasingly being asked to deal with duplicative proceedings? And was his order really all that drastic?

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‘Plagued with competing class actions’: Judge stays latecomer Medibank case for now
Class Actions 2023-05-12 1:26 pm By Sam Matthews

A judge aggrieved by the “plague” of competing class actions in the courts has temporarily stayed a second data breach class action against Medibank, and directed the health insurer to ask the privacy commissioner to drop the investigation of a third case.

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Judge frowns on Invisalign’s lawsuit against SmileDirectClub
Competition & Consumer Protection 2023-05-08 1:08 pm By Sam Matthews

Dental aligner maker Invisalign has lost its case accusing competitor SmileDirectClub of misleading consumers about the cost and efficacy of its direct-to-consumer teeth alignment kits

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Class actions pile up over Medibank data breach
Privacy & Cybersecurity 2023-05-05 6:45 am By Christine Caulfield

Private health insurer Medibank has been served with a second class action over a data breach exposing the personal details of 10 million customers.

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Medibank defence says data breach class action ‘hopeless’
Class Actions 2023-05-03 3:36 pm By Sam Matthews

Private health insurer Medibank has hit back at a class action over a data breach that affected close to 10 million customers, describing the claims as “hopeless.”

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