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With ‘hesitation’, judge OKs $300M settlement in J&J class actions
Personal injury 2023-03-16 9:54 am By Cindy Cameronne

A judge has approved a $300 million settlement in two pelvic mesh class actions against Johnson & Johnson and unit Ethicon — the largest settlement in the history of Australian product liability group proceedings — but a $100 million deduction for legal costs has yet to get the greenlight.Ā 

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Boston Scientific’s $105M settlement approved in pelvic mesh class action
Class Actions 2023-03-16 10:11 am By Cindy Cameronne

Boston Scientific’s $105 million settlement of a class action over its pelvic mesh devices has secured court approval, but the costs billed by the law firm running the case will face further scrutiny.

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Trade mark reputation not relevant in deceptive similarity cases, High Court rules
Intellectual Property 2023-03-15 3:08 pm By Christine Caulfield

The reputation of a registered trade mark and its owner is not relevant in assessing the deceptive similarity of a challenged mark, the High Court has found, clarifying the test for infringement under a section of the Trade Marks Act.

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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
Class Actions 2023-03-09 5:05 pm By Sam Matthews

A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giantā€™s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.

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Barry Nilsson poaches team from Sparke Helmore for insurance group
Business of Law 2023-03-08 5:03 pm By Cindy Cameronne

Boutique law firm Barry Nilsson has snagged five senior lawyers, including a partner, from Sparke Helmore to join its Adelaide insurance team as part of a broader expansion strategy.Ā 

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New allegations OK’d on eve of trial in Bayer Essure class action
Product Liability 2023-02-27 9:26 pm By Sam Matthews

A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.

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Melbourne doctor whose WFH request was denied loses discrimination suit
Employment 2023-02-23 5:58 pm By Sam Matthews

A Melbourne doctor who was not allowed to work from home following an injury has lost his disability discrimination suit against his former employer, and was ordered to pay over $570,000 to the practice for his absences.

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TFS pelvic mesh class action reaches partial settlement
Class Actions 2023-02-22 12:48 pm By Sam Matthews

A class action filed on behalf of women injured by allegedly defective pelvic mesh products has reached a settlement with the insurer of defunct device maker TFS Manufacturing.

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High Court won’t hear HarperCollins’ deep sleep defamation appeal
High Court 2023-02-17 11:02 pm By Cat Fredenburgh

The High Court has declined HarperCollins’ special leave application seeking to appeal a decision that revived a psychiatrist’s defamation case over a book about the controversial deep sleep therapy at the Chelmsford Private Hospital in the 1970s.

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In first beauty parade of its kind, law firms compete to manage $300M J&J settlement
Class Actions 2023-02-16 10:43 pm By Cindy Cameronne

Sixteen law firms and accounting firms have thrown their hat in the ring to administer a $300 million settlement in two class actions against Johnson & Johnson over pelvic mesh devices that injured thousands of women.

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