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Invisalign wins appeal against penniless SmileDirectClub over teeth straightener claims
Appeals 2024-04-11 9:07 pm By Sam Matthews

Dental aligner maker Invisalign has won an appeal of a decision rejecting its case accusing SmileDirectClub of misleading consumers, but the appeals court noted that the prospect of a new trial was “remote” after its competitor went under.

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Mining company Tigers Realm breached Russian sanctions, court finds
Energy & Natural Resources 2024-04-10 12:17 pm By Cindy Cameronne

Coal mining company Tigers Realm breached Russian sanctions over its invasion of Ukraine by transporting coal within Russia before exportation to the Asian market, a judge has found. 

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Players leading AFL class action ‘strongly’ against naming clubs, court told
Class Actions 2024-03-22 3:41 pm By Cindy Cameronne

The lead plaintiff and several group members in a class action against the Australian Football League on behalf of players who allegedly suffered brain injuries have “very strong” opposition to adding individual clubs, a court has heard.

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Court calls half-time on AFL player’s concussion suit until after class action
Class Actions 2024-03-21 11:58 pm By Christine Caulfield

The AFL has scored a small victory in concussion litigation brought by players, winning an order temporarily halting a case by former Western Bulldogs player Liam Picken.

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No scope in Patents Act for holding directors jointly liable for unjustified threats: court
Intellectual Property 2024-01-29 3:33 pm By Cindy Cameronne

A letter by King & Wood Mallesons was an unjustifiable threat of patent litigation against car accessories company Clearview, as was an announcement by the firm’s client MSA, but MSA’s director cannot be held liable as a joint tortfeasor under the Patents Act, a judge has found.

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Ventia can’t recoup $5.6M from Western Power in bushfire class action
Class Actions 2024-01-16 4:17 pm By Cindy Cameronne

Subcontractor Ventia Utility Services had lost its bid to recover $5.6 million in alleged overpayments to class action group members from co-defendant Western Power, after its liability was reduced on appeal in a representative proceeding over the 2014 Perth Hills bushfire.

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Bed Bath N’ Table scores partial win in IP suit against rival
Intellectual Property 2024-01-16 4:59 pm By Cindy Cameronne

A judge has handed a partial win to homewares brand Bed Bath N’ Table, finding rival House misled consumers by opening a sub-brand called House Bed & Bath but rejecting the retailer’s trade mark infringement claims.

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Top 10 class action settlements of 2023
Top 10 Class Action Settlements 2024-01-05 4:07 pm By Cat Fredenburgh

Companies and government entities paid out less to settle class actions in 2023 than in the previous two years, with no mega settlements hitting their pocketbooks.

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Honda cops $6M penalty for misleading customers about dealerships
Competition & Consumer Protection 2023-12-15 10:22 pm By Cat Fredenburgh

Honda Australia has been hit with a $6 million penalty for misleading communications made to customers of three dealerships during a restructuring in which the car maker’s shuttered its independent dealer network in favour of an agency model.

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Fitbit hit with $11M penalty for misleading customers about refunds
Competition & Consumer Protection 2023-12-12 3:38 pm By Christine Caulfield

Google’s Fitbit has been ordered to pay $11 million for misleading statements about customers’ rights to refunds or replacements for faulty devices.

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