US medical device manufacturer Boston Scientific has withdrawn a controversial gag clause from of its $105 million deal to settle a class action by women allegedly injured by pelvic mesh devices after a judge raised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.
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.
Fintech Humm has admitted to making “misrepresentations” 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.
The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus” for group members.
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.
A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.
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.
A judge has questioned how the government can enforce a “restrictive” 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.
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 “didn’t make sense”.
An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.