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ACCC says cancellations due to COVID-19 could impact consumer rights
Competition & Consumer Protection 2020-03-18 12:51 pm By Cat Fredenburgh

The Australian Competition and Consumer Commission has issued guidelines on consumers’ rights to refunds if a flight or event is shuttered due to the coronavirus, saying consumer guarantees could be affected if cancellation are caused by government restrictions.

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Coronavirus could threaten jury trial in Country Care cartel case
Competition & Consumer Protection 2020-03-13 12:31 pm By Miklos Bolza

A Federal Court judge has acknowledged concerns raised by the accused in a criminal cartel case against mobility equipment provider Country Care and two employees about how an upcoming jury trial will proceed if the coronavirus pandemic worsens, telling the parties the court had already taken measures to control the spread of the virus.

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ACCC strikes out again, loses misuse of market power case against Ramsay Health
Competition & Consumer Protection 2020-03-12 5:38 pm By Miklos Bolza

A court has tossed a case by the ACCC against Ramsay Health Care claiming that the global hospital group misused its market power by pressuring a group of doctors who planned to open their own day clinic.

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Judge orders graphic warning for Johnson & Johnson pelvic mesh products
Class Actions 2020-03-06 8:57 pm By Alison Eveleigh

A judge has ordered Johnson & Johnson to include a graphic warning on the patient information leaflets and instructions for use that accompany four of its pelvic mesh products, following a class action over the devices which saw the three lead applicants awarded $2.6 million in damages.

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Judge signs off on $2.6M for lead applicants in Johnson & Johnson pelvic mesh class action
Class Actions 2020-03-03 8:40 pm By Alison Eveleigh

A Federal Court judge has awarded combined damages of $2.6 million to the lead applicants in the Johnson & Johnson pelvic mesh class action, following a landmark ruling in November which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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Otsuka, Bristol-Myers can withdraw admissions in Abilify damages case
Intellectual Property 2020-03-02 4:05 pm By Cat Fredenburgh

A judge has granted a request by Otsuka and Bristol-Myers Squibbs to withdraw admissions in proceedings brought by Generic Health seeking damages, after the generic drug maker was temporarily blocked from selling a generic version of antipsychotic Abilify in a patent dispute in which it ultimately triumphed.

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New pelvic mesh class action targets Medtronic unit, two other device makers
Product Liability 2020-02-27 4:06 pm By Alison Eveleigh

Medtronic owned Covidien and two other medical device manufacturers have been hit with a class action on behalf of thousands of women who claim to have suffered lifelong complications from the devices, the third class action over pelvic mesh implants brought in Australia.

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Costly IP cases could make Australian courts look bad, Dynastat patent judge says
Intellectual Property 2020-02-26 5:52 pm By Miklos Bolza

A judge overseeing patent litigation over the painkiller Dynastat has urged the parties to narrow any issues in dispute, saying the excessive amounts of money spent in these types of cases could harm public perception.

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Ex-boss of medical tech firm Respiri sues over termination
Employment 2020-02-26 4:07 pm By Alison Eveleigh

The former CEO of Respiri has levelled a slew of claims at the ASX-listed medical technology company and two of its former directors, including breach of the Fair Work Act, as well as failure to pay short term incentives (STI) and vest options valued at $2.2 million.

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Lawyer wins $750,000 in defamation case over negative Google reviews
Defamation 2020-02-07 10:35 pm By Christine Caulfield

An Adelaide lawyer has been awarded $750,000 in damages after suing a woman who gave him bad reviews on Google that sent 80 per cent of his clients packing.

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