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Johnson & Johnson appeals landmark ruling in pelvic mesh class action
Class Actions 2020-04-06 2:40 pm By Cat Fredenburgh

Johnson & Johnson has appealed a ruling awarding the three lead applicants in a class action over its pelvic mesh products a combined $2.6 million in damages, after a judge found the company failed to adequately warn women of the implants’ risks.

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John Setka defeats poaching case by CFMEU boss
Employment 2020-04-06 11:26 am By Miklos Bolza

Union heavyweight John Setka has successfully defended a case brought by CFMEU boss Micheal O’Connor seeking orders restraining Setka from poaching members from the union’s manufacturing division.

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$16M settlement reached in Walla Walla tip fire class action
Class Actions 2020-04-06 11:18 am By Cat Fredenburgh

A NSW council has agreed to fork over $16 million to settle a class action over a 2009 rubbish tip fire, after the High Court declined to hear the council’s challenge to a ruling that found it was responsible for the damage caused by the fire.

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Citing coronavirus, judge orders limited discovery in ANZ, Westpac ‘junk’ insurance class actions
Class Actions 2020-04-03 11:18 pm By Christine Caulfield

Noting the challenge of searching for documentary evidence while employees are working from home, a judge overseeing two consumer class actions against ANZ and Westpac has directed the banks to hand over only a limited number of documents to the applicants, and given them extra time to do it.

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ACCC was unreasonable to pursue cartel appeal, Cussons says
Competition & Consumer Protection 2020-04-03 9:54 pm By Miklos Bolza

Personal healthcare giant PZ Cussons is seeking indemnity costs from the ACCC, claiming the regulator unreasonably rejected a settlement offer in its case over an alleged laundry detergent cartel.

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Sparke Helmore says it should have to pay no more than $7.6M of IOOF judgment
Appeals 2020-04-03 9:24 pm By Alison Eveleigh

Sparke Helmore has admitted that legal advice it provided to IOOF subsidiary Australian Executor Trustees was inadequate but has argued it should be responsible only for up to 10 per cent of the $76.6 million judgment against AET over the sale of a timber plantation by collapsed forestry giant Gunns Group.

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Judge OKs notice in Westpac class action foreshadowing ‘expense sharing order’
Class Actions 2020-04-02 10:51 pm By Christine Caulfield

A judge has approved a notice in a class action against Westpac alerting group members that an “expense sharing order” will be sought by the applicants if or when the case settles, the first ruling of its kind since the High Court struck down common fund orders.

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Sparke Helmore equally responsible for $76M judgment against IOOF unit, court hears
Appeals 2020-04-02 10:37 pm By Alison Eveleigh

Sparke Helmore is equally responsible for a $76.6 million judgment against IOOF subsidiary Australian Executor Trustees over the sale of a timber plantation by collapsed forestry giant Gunns Group, an appeals court heard Thursday.

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Judge shoots down amendment to group definition in Uber class action
Class Actions 2020-04-02 5:17 pm By Cat Fredenburgh

A judge has denied a bid by the applicant in a massive class action against ride-sharing giant Uber to amend the group definition to include successors and assignees of those with claims, saying the request was made too late and that it was not clear who exactly would be included in the new group.

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Icon seeks to recoup Opal Tower losses in latest class action cross-claim
Class Actions 2020-04-02 4:54 pm By Miklos Bolza

Construction giant Icon has filed a cross-claim against the prefab concrete company behind the ill-fated Opal Tower, seeking to recover at least part of almost $28 million in losses spent after cracks in the building caused residents to evacuate in 2018.

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