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Mylan loses Lipidil appeal, despite court finding proof of intention not needed for Swiss-style claims
Intellectual Property 2020-07-03 5:27 pm By Miklos Bolza

Mylan Health has lost its challenge to a ruling that invalidated three patents related to its blockbuster cholesterol drug Lipidil, despite the appeals court finding the primary judge had erred by ruling that proof of intention was required for Swiss-style claims.

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Royal commission docs can be used in HarperCollins deep sleep defamation case
Defamation 2020-06-10 3:47 pm By Alison Eveleigh

A judge has given the green light for HarperCollins to use several documents from a royal commission in its defence of defamation proceedings brought against it by two psychiatrists at the centre of the deep sleep therapy scandal that rocked the medical world in the 1960s and 70s.

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BP loses appeal of Hitler parody video ruling
Employment 2020-05-22 6:43 pm By Alison Eveleigh

The Full Federal Court has dismissed BPā€™s appeal of a ruling by the Fair Work Commission that reinstated a worker who was fired for sharing a video clip that included subtitles placed over a scene from the movie ‘Downfall’ about Adolf Hitler.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ā€˜dieselgateā€™ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was ā€œappropriateā€, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement ā€œmanifestly inadequateā€.

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Common fund order slapped down in Vocus class action
Class Actions 2020-05-04 5:50 pm By Miklos Bolza

A judge has declined to make a common fund order in approving a $35 million settlement in a shareholder class action against telecommunications firm Vocus Group, resulting in a reduced payout for the funders that backed the case.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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Ex-AMP lawyer ‘disparaged’ GC to Big Six partner, court toldĀ 
Employment 2020-04-30 2:09 pm By Miklos Bolza

The identity of a Big Six partner to whom a former AMP lawyer allegedly criticised her superior has been revealed in court during a heated exchange between the barristers in the unfair dismissal proceeding.

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Judge approves $32.4M settlement in CIMIC shareholder class action
Class Actions 2020-04-28 3:46 pm By Alison Eveleigh

A judge has signed off on a $32.4 million settlement in a shareholder class action against engineering services firm CIMIC, including a hefty legal bill for the firm that brought the case.

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High Court takes up Westpac fight against ASIC personal advice case
Appeals 2020-04-27 4:54 pm By Miklos Bolza

The High Court has agreed to hear a challenge by Westpac to a ruling in favour of ASIC that found the bank violated its duty to act in customers’ best interests during a superannuation rollover campaign, a case that could clarify the line between personal and general financial advice.

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