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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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Ernst & Young can’t rely on privilege against self-incrimination in LM Investment lawsuit
Financial Services 2020-10-22 9:12 pm By Miklos Bolza

A judge has found that auditor Ernst & Young cannot rely on the privilege against self-incrimination in a lawsuit brought over its audits of failed financial services firm LM Investment Management.

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Mayfair’s Mawhinney can’t stop trial prep in ASIC cases
Financial Services 2020-10-22 4:57 pm By Miklos Bolza

James Mawhinney, director of the besieged Mayfair Group, has lost his bid to slow down two proceedings filed by ASIC which he claims will have a “catastrophic” effect on his business, staff and investors.

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‘Aussies Not Gonna Cop It’ birthed in pre-dawn session at bedside, Clive Palmer tells court
Intellectual Property 2020-10-22 3:06 pm By Miklos Bolza

Billionaire Clive Palmer has claimed that he wrote the lyrics to ‘Australia’s Not Gonna Cop It’ in the early hours of the morning while “deep in contemplation” at his bedside, telling the Federal Court that the song was inspired by the Peter Finch film ‘Network’ and not Twisted Sister’s rock anthem.

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Worley ruling the latest setback for shareholder class actions
Analysis 2020-10-23 5:48 pm By Christine Caulfield

A judge’s decision to throw out a shareholder class action against engineering company Worley is a loss for plaintiffs lawyers and could result in fewer listed companies willing to settle cases alleging they breached their disclosure obligations, but the ruling is not likely to have a significant chilling effect on securities litigation.

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LiveTiles to pay $8.4M to settle lawsuit by CEO’s brother
Securities 2020-10-22 7:01 am By Cat Fredenburgh

Software company LiveTiles will pay $8.445 million to settle litigation brought by Microsoft solutions provider nSynergy’s founder Keith Redenbach against his brother, LiveTiles CEO Karl Redenbach, alleging he diverted tens of millions of dollars in nSynergy’s assets, including LiveTiles.

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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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No relief: AFT appeals Reckitt-Benckiser win over Maxigesic ads
Competition & Consumer Protection 2020-10-21 4:12 pm By Christine Caulfield

The maker of pain killer Maxigesic is taking its long-running battle with Nuromol manufacturer Reckitt Benckiser to an appeals court after a recent ruling that its advertising misled consumers by claiming Maxigesic provided better, faster and more effective pain relief than paracetamol or ibuprofen.

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AUSTRAC’s record $1.3B penalty for Westpac’s money laundering breaches wins court OK
AUSTRAC 2020-10-21 2:50 pm By Christine Caulfield

A judge has given the greenlight to AUSTRAC’s $1.3 billion penalty against Westpac over the bank’s 23 million breaches of money laundering and counter-terrorism laws, the biggest regulatory fine ever paid by an Australian company.

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‘You need to pick your game up’: Judge dresses down lawyer of Zarah Garde-Wilson in Google review case
Defamation 2020-10-21 1:50 pm By Miklos Bolza

A solicitor who failed to respond to calls from the Federal Court has been criticised by a judge for filing what appeared to be a “deficient” application in a case run on behalf of gangland lawyer Zarah Garde-Wilson in her bid to obtain details from Google over the identity of an online reviewer.

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