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Insurers can’t get names of COVID-19 business interruption class action registrants
Insurance 2023-10-27 3:10 pm By Cindy Cameronne

A judge has refused a bid by four major insurers to obtain the names of small businesses that register to join COVID-19 business interruption class actions, saying he did not want the companies contacting group members. 

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Carnival found negligent in class action over Ruby Princess COVID-19 outbreak
Class Actions 2023-10-25 10:37 am By Cindy Cameronne

A judge has found Carnival PLC liable for failing to prevent a COVID-19 outbreak aboard the Ruby Princess cruise ship that left 28 people dead, but only awarded the lead applicant $4,000 for out-of-pocket expenses rather than the $360,000 in damages she sought. 

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White Oak claims insurer owed a novel duty of care in $6B Greensill cases
Insurance 2023-10-24 9:02 pm By Cindy Cameronne

Lender White Oak Commercial Finance will bring a novel claim against insurer Bond & Credit Company alleging it owed a duty of care to disclose an investigation into Greensill when it bought securities from the collapsed financier’s German-based bank.

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COVID-19 insurance class action members can ‘have their cake and eat it too’: judge
Insurance 2023-09-08 11:55 pm By Cindy Cameronne

A judge considering bids to de-class COVID-19 business interruption class actions has said group members can sign up for the representative proceedings but later decide to make claims directly with their insurers.

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Norovirus class action faces ‘lurking’ stay issue
Class Actions 2023-08-25 11:55 am By Sam Matthews

After surviving multiple strike-out bids, a class action against Carnival over norovirus outbreaks on its Sun Princess cruise ship is still facing a “lurking” issue about a potential stay in relation to the claims of a subset of group members.

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Virgin class action a lawyers’ feast after judge joins insurers
Business of Law 2023-08-22 12:47 pm By Sam Matthews

A class action against Virgin Australia has become a lawyers’ feast, with seven new firms entering the ring after a dozen insurers were joined to the action alleging the airline failed to disclose its true financial position in a $324 million capital raising prospectus.

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UbiPark wins claim of unjustified litigation threats by patent owner
Intellectual Property 2023-08-03 3:11 pm By Christine Caulfield

After winning a rare injunction restraining the owners of a patent from threatening litigation, carparking technology company UbiPark has prevailed in its claim the threats — aimed at itself and its customers — were unjustified.

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Norton Rose lures construction pros back from Clyde & Co
Business of Law 2023-08-01 11:16 pm By Cat Fredenburgh

Norton Rose Fulbright has lured back two leading construction lawyers to the firm from Clyde & Co, along with a third leading construction and projects specialist.

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Class action would have been ‘infinitely better’ than COVID-19 insurance test cases, judge says
Class Actions 2023-07-26 11:24 pm By Cindy Cameronne

A judge overseeing four COVID-19 business interruption class actions has questioned a decision by insurers to use ten test cases to resolve the issue of whether they had to indemnify policyholders instead of a class action, which would have been binding. 

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Pre-case discovery not for determining recovery prospects, judge says in $350M Probuild spat
Construction 2023-07-04 4:19 pm By Sam Matthews

A judge has found that preliminary discovery does not extend to information about the likely recovery of a claim, rejecting an argument that the relevant rule allows prospective plaintiffs to test whether litigation will be “worthwhile”.

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