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Citing dangers of ‘hypothetical postulation’, Full Court declines to answer common fund order question
Class Actions 2020-11-03 3:25 pm By Miklos Bolza

The Full Court Federal Court has declined to answer a question posed by 7-Eleven as to whether common fund orders can be made on settlement or judgment in a class action, saying the issue should be dealt with on facts, not assumptions. In a judgment handed down on Tuesday, the Full Court dismissed 7-Eleven’s bid…

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Court approves one of the first video opt out notices in a class action
Class Actions 2020-10-30 10:12 pm By Miklos Bolza

The Federal Court has approved what is thought to be only the second ever audio-visual opt out notice in a class action, a move that will make it easier for group members to find out about class actions they may be eligible for.

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Boston Scientific faces possible pelvic mesh class action
Class Actions 2020-10-30 12:08 pm By Miklos Bolza

A Sydney-based law firm is conducting a class action investigation into medical device manufacturer Boston Scientific’s pelvic mesh products, adding to the growing list of companies facing lawsuit by women who claim they experienced pain and other adverse symptoms due to the implants.

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$1.9M settlement is best it’s going to get, says law firm behind Appco class action
Class Actions 2020-10-29 2:10 pm By Christine Caulfield

Facing an uphill battle to win approval for a $1.9 million settlement in a sham contracting class action against fundraiser Appco Group, a lawyer for the case has told a court there is no money left to pursue.

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7-Eleven says courts have no power to ever make a common fund order
Class Actions 2020-10-27 11:51 pm By Christine Caulfield

The High Court majority’s reasoning in the decision nixing common fund orders at an early stage of a class action leads “inexorably and inevitably” to the conclusion that there is no power to make such an order at any time in a proceeding, counsel for 7-Eleven has told an appeals court.

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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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