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Law firm drops opt out clause from funding agreement in Boral class action
Class Actions 2021-04-09 3:11 pm By Miklos Bolza

Phi Finney McDonald will amend its funding agreement with Therium in a shareholder class action against Boral after a judge found that an irrevocable opt out provision placed the law firm in a “manifest position of conflict”.

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Johnson & Johnson asks High Court to review landmark pelvic mesh ruling
Product Liability 2021-04-09 2:29 pm By Cat Fredenburgh

A Johnson & Johnson unit wants the High Court to review the Full Federal Court’s rejection of its challenge to a landmark class action ruling that found the company’s pelvic mesh implants were defective and that it failed to adequately warn about their risks.

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J&J unit hit with second class action over pelvic mesh products
Class Actions 2021-04-07 9:06 pm By Cat Fredenburgh

Johnson & Johnson’s Ethicon unit is facing a second class action over its allegedly defective pelvic mesh products, following a landmark ruling that found the drug company did not adequately warn about the devices’ risks.

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CBA fined $7M after judge questions if penalty has enough ‘sting’
Financial Services 2021-04-06 9:23 pm By Cindy Cameronne

A judge has slugged the Commonwealth Bank of Australia with a $7 million fine in proceedings brought by ASIC for excessive interest charged to thousands of overdraft customers, but noted the penalty amounted to profits from just six hours of operation for the Big Four bank.

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Quintis class action settlement could get $11M boost after insurers come up short
Insurance 2021-04-06 3:10 pm By Miklos Bolza

A lengthy dispute over insurance in a settled class action against sandalwood producer Quintis has been resolved, with the Federal Court rejecting a challenge by two insurers to the rectification of policies that could provide a further $11.25 million in recoveries to group members.

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Boral ruling a warning to class action lawyers to be on their best behaviour
Class Actions 2021-04-01 3:28 pm By Miklos Bolza

A judgment in a heated carriage fight between three class actions against construction giant Boral provides some guidance to law firms about conduct that could potentially compromise their case for why they should be crowned the victor in a class action beauty parade.

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No win no fee carries law firm to victory in Boral class action beauty parade
Class Actions 2021-03-31 11:13 pm By Miklos Bolza

The law firm running its class action on a no win no fee basis has been crowned the winner in a battle against two competing firms to lead a shareholder class action against construction giant Boral, in the first such judgment handed down in the wake of a High Court ruling on competing class actions.

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CBA denies fiduciary duty owed to group members in insurance ‘rort’ class action
Class Actions 2021-03-29 1:18 pm By Miklos Bolza

Two Commonwealth Bank of Australia subsidiaries have denied that they owed fiduciary duties to group members in a class action over allegedly excessive insurance premiums pushed onto customers because of commissions and other benefits to financial advisors.

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S&P may ask judge to disqualify himself from class action over ratings defects
Class Actions 2021-03-26 12:53 pm By Miklos Bolza

A judge who oversaw a 39-day trial in 2018 in multiple class actions against S&P Global may be asked by the ratings agency to step down from hearing another class action alleging systemic defects in its ratings systems.

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Linchpin Capital investors want to add insurers to class action
Class Actions 2021-03-26 12:41 pm By Christine Caulfield

A class action by investors of collapsed Linchpin Capital against the company’s former directors wants to join their insurers as defendants to the proceedings.

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