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Judge takes ‘wait and see’ approach to trial in Epic cases against Apple, Google
Competition & Consumer Protection 2022-04-05 2:49 pm By Miklos Bolza

A judge has held off selecting from a “basket of imponderables” in determining how he will hear two competition lawsuits by Epic Games against Apple and Google over the removal of the popular multiplayer game Fortnite from the tech giants’ online stores.

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Major banks hit back at rate-rigging class action, argue claims are barred
Competition & Consumer Protection 2022-04-04 9:10 pm By Cindy Cameronne

Five major banks including JPMorgan, Citibank and UBS have denied all wrongdoing in a class action accusing them of entering a cartel agreement to rig foreign exchange rates and argue the claims were brought out of time or are barred by settlements in overseas proceedings.

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J&J won’t contest follow-on pelvic mesh class action
Product Liability 2022-04-04 5:15 pm By Cat Fredenburgh

An additional 1,200 women who were implanted with defective pelvic mesh devices will be eligible for compensation after Johnson & Johnson unit Ethicon agreed that findings in an earlier class action which it unsuccessfully fought all the way to the High Court should apply to a follow-on class action.

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Airbags class action judge failed to grapple with ‘unknowable’ explosion risk, appeals court hears
Class Actions 2022-03-29 11:01 pm By Sam Matthews

The plaintiff in a class action against Volkswagen over allegedly deadly Takata airbags has told an appeals court his case was misunderstood by the trial judge, who found he failed to prove that cars fitted with the airbags were not of acceptable quality.

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AG John Quigley to return to witness box in Clive Palmer defamation trial
Defamation 2022-03-28 10:09 pm By Christine Caulfield

Hoping to correct “mistakes” in his testimony in the trial of Clive Palmer’s defamation case, Western Australia Attorney-General John Quigley will get the chance to amend his evidence as a witness for state premier Mark McGowan next month.

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Novartis challenges loss of experts in spat with Pharmacor over generic Gilenya
Intellectual Property 2022-03-28 3:25 pm By Christine Caulfield

Novartis wants to appeal a ruling in its dispute with generic drug maker Pharmacor over patents for its multiple sclerosis drug Gilenya that tossed three of its four experts out of an upcoming so-called hot tub.

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‘No launch, no loss’: Judge questions damages claim in Uniden design patent feud
Intellectual Property 2022-03-28 12:13 pm By Sam Matthews

A judge has questioned GME’s pursuit of additional damages in its intellectual property lawsuit against Japan’s Uniden that alleges the upcoming launch by the wireless communication giant of two new CB radio products amounts to infringement of its design patent. 

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WA Attorney General says he made ‘mistakes’ under oath in Clive Palmer trial
Defamation 2022-03-24 10:21 pm By Christine Caulfield

WA Attorney-General John Quigley wants a second go at his trial testimony in a defamation case brought by mining magnate Clive Palmer, admitting he made “mistakes” while giving evidence in the witness box.

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Epic Games resists bid to delay Apple trial while Google catches up
Competition & Consumer Protection 2022-03-24 6:55 pm By Sam Matthews

Epic Games has argued in favour of steaming ahead with a trial in its competition case against Apple while its parallel case against Google remains in the embryonic stage, but the tech giants say Google’s litigation should catch up in the hopes that the court can hear a joint trial or hold contemporaneous hearings.

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Judge questions if Philips class action ‘appropriately resourced’
Class Actions 2022-03-23 3:51 pm By Cindy Cameronne

A judge has questioned whether the lead applicant in a class action over sleep apnea machines with alleged safety defects was “appropriately resourced” to run the case against health tech giant Philips.

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