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Carnival looks to axe overseas passenger claims in Ruby Princess class action
COVID-19 2020-10-26 12:19 pm By Cat Fredenburgh

A fight is brewing over whether US and UK passengers aboard the Ruby Princess should be part of a class action against cruise operators Carnival and Princess Cruise Lines over their handling of a deadly coronavirus outbreak on the ship that has been linked to at least 20 deaths.

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Ripple Labs denies PayID is deceptively similar to trade mark of Aussie mobile banking system
Intellectual Property 2020-10-26 12:15 pm By Christine Caulfield

US cryptocurrency maker Ripple Labs has hit back at an intellectual property lawsuit brought by the Australian company behind the ubiquitous PayID mobile banking system, saying its PayID trade mark is neither substantially identical nor deceptively similar to the Aussie mark.

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Judges unclear about Johnson & Johnson unit’s arguments in pelvic mesh appeal
Appeals 2020-10-23 2:57 pm By Miklos Bolza

A judge due to hear a high profile appeal by Johnson & Johnson unit Ethicon has expressed confusion about the grounds on which the medical device maker is challenging a landmark judgment putting it on the hook for potentially hundreds of million of dollars in damages over faulty pelvic mesh implants.

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Judge rejects Covidien’s bid for security in unfunded pelvic mesh class action
Class Actions 2020-10-21 10:57 pm By Christine Caulfield

Medical device maker Covidien has lost a bid to have the applicant in a product liability class action over allegedly defective pelvic mesh front $300,000 as security for its legal costs in the event it wins the case.

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Icon wins dispute with insurers over Opal Tower coverage
Insurance 2020-10-20 5:20 pm By Miklos Bolza

Construction firm Icon Co has won a coverage dispute with its insurers over $31 million in losses stemming from Sydney’s ill-fated Opal Tower, whose residents were evacuated after cracks appeared in the tower’s walls on Christmas Eve in 2018.

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Contradictor in 7-Eleven class action backs court’s power to make CFOs
Class Actions 2020-10-20 3:51 pm By Miklos Bolza

A contradictor appointed in two class actions against 7-Eleven will argue before the Full Federal Court that the court has power both in equity and under the Federal Court of Australia Act to make common fund orders in class actions on settlement or judgment.

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Judge fines NAB $15M, questions ASIC’s ‘introducer’ investigation
Financial Services 2020-10-19 6:01 pm By Miklos Bolza

A judge has slapped National Australia Bank with a $15 million penalty over its scandal-ridden home loan introducer program but slammed ASIC’s investigation into the program, saying there was no “real regulatory desire to pursue a thorough investigation as to what in truth occurred”.

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Chubb wouldn’t want survival of Opal Tower concrete specialist on conscience, judge says
Insurance 2020-10-16 2:39 pm By Miklos Bolza

The chief judge of the Federal Court has told Chubb Insurance to consider whether it wants to be held responsible for the commercial viability of Evolution Precast Systems, which has been denied coverage over the ill-fated Opal Tower and faces myriad legal claims.

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‘Solicitors love them’: Judge rails against discovery ‘tsunami’ in class actions
Class Actions 2020-10-15 11:47 am By Miklos Bolza

The judge overseeing a class action against Westpac over superannuation fees has criticised costly discovery processes that produce a “tsunami of material”, most of which is never used at trial.

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Judge says Robodebt class action claims ‘weak’, but refuses government’s appeal bid
Class Actions 2020-10-14 9:31 pm By Miklos Bolza

A judge has refused an application by the Federal Government to appeal the expansion of the Robodebt class action pleadings despite finding the case was “troubling”, “weak” and in certain aspects “[made] no sense whatsoever”.

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