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PTTEP’s appeal of class action ruling delayed as lawyers, funder engage in secret stoush
Class Actions 2022-10-11 11:45 pm By Christine Caulfield

PTTEP Australia’s appeal of a class action finding that it breached a duty of care to thousands of farmers impacted by the 2009 Montara oil spill has been put on hold amid a fight between the funder and lawyers that is cloaked in confidentiality.

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Boston Scientific drops gag clause from $105M settlement after judge airs concerns
Class Actions 2022-10-10 2:40 am By Cindy Cameronne

US medical device manufacturer Boston Scientific has withdrawn a controversial gag clause from of its $105 million deal to settle a class action by women allegedly injured by pelvic mesh devices after a judge raised concerns about its legality.

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‘Virtually nothing has been done’: Judge shreds firm for lag in $300M J&J settlement
Product Liability 2022-10-07 11:20 pm By Sam Matthews

A judge has savaged Shine Lawyers over its failure to present a signed settlement agreement to the court a month after Johnson & Johnson Medical and unit Ethicon agreed to pay $300 million to settle two pelvic mesh class actions, ordering the firm to explain on the record what steps have been taken to finalise the settlement.

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Humm points finger at Forum Finance in SMBCā€™s $34M lawsuit
White Collar 2022-10-04 11:40 pm By Cindy Cameronne

Fintech Humm has admitted to making ā€œmisrepresentationsā€ to Japanese bank SMBC over allegedly worthless receivables linked to Forum Finance but has denied it was negligent, claiming a Forum Group unit should share the burden of paying any damages in the $33.6 million lawsuit.

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Virgin class action to appeal ‘nonsensical’ indemnity ruling
Class Actions 2022-09-28 11:40 pm By Sam Matthews

The applicant in an investor class action against Virgin Australia plans to appeal a judgeā€™s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity ā€œsubstantially changes the risk calculus” for group members.

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Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
Product Liability 2022-09-28 1:39 pm By Sam Matthews

The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.

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Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
Energy & Natural Resources 2022-09-28 11:19 pm By Sam Matthews

A judge overseeing mining magnate Clive Palmerā€™s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmerā€™s companies Mineralogy and International Minerals under the controversial ā€˜Palmer Actā€™.

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Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
Class Actions 2022-09-26 11:39 pm By Christine Caulfield

A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog’s Breath Cafe restaurant chain has survived a challenge by the franchisees.

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PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
Class Actions 2022-09-05 10:22 pm By Cindy Cameronne

A judge has questioned how the government can enforce a ā€œrestrictiveā€ undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.

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Class action funder must indemnify Virgin despite ā€˜nonsensicalā€™ agreement
Class Actions 2022-09-02 10:14 pm By Cindy Cameronne

A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out ā€œdidnā€™t make senseā€.

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