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It’s the vibe of the thing: all eyes on constitutional challenge to common fund orders
Analysis 2019-02-01 11:16 pm By Christine Caulfield

An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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Court demands greater transparency from ASIC in AMP insurance case
Financial Services 2019-01-30 3:17 pm By Miklos Bolza

ASIC has been ordered to reveal the extent of its communications with experts that are compiling a report central to its case against AMP over alleged insurance churning by one of its former financial advisers.

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Amazon had no obligation to use GetSwift’s services, class action claims
Class Actions 2019-01-21 10:48 pm By Cat Fredenburgh

GetSwift failed to disclose to investors that under an agreement announced with Amazon, the e-commerce giant had no obligation to use the logistics provider for any of its deliveries, according to new court documents filed in the shareholder class action against GetSwift and its founders.

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Judge tosses Cash Converters’ ‘singular’ bid for recusal from settlement hearing
Class Actions 2019-01-18 10:41 pm By Christine Caulfield

A judge has shot down a bid by Cash Converters to recuse himself from hearing arguments for a $16.4 million class action settlement, saying his advice while still a barrister to the law firm running the proceedings did not give rise to apprehended bias.

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The unforgettable class action rulings of 2018
Feature 2019-01-04 11:37 pm By Christine Caulfield

Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.

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Ethicon wants class closure order in pelvic mesh case
Class Actions 2018-12-21 9:39 pm By Miklos Bolza

Johnson & Johnson unit Ethicon is seeking a class closure orderĀ in the pelvic mesh class action, as the company prepares to enter mediation.

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Appealing GetSwift class action ruling comes at a cost, Full Court says
Appeals 2018-12-20 1:33 pm By Christine Caulfield

The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.

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Judge says Zoetis horse vaccine class action fails to connect dots
Class Actions 2018-12-20 1:05 pm By Cat Fredenburgh

A judge has slammed an amended pleading in a class action against Zoetis by horse owners who claim the pharmaceutical company made misleading claims about its Hendra virus drug, saying it presents an “insuperable difficulty”.

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