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Insurer sued for denying COVID-19 lockdown loss claim
Insurance 2021-03-23 12:36 pm By Cindy Cameronne

A small business owner has launched proceedings against his insurer claiming he was wrongly denied pandemic coverage under a business interruption policy, one of many cases expected to be filed in the wake a landmark ruling on infectious disease exclusions that could cost insurers $10 billion.

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Boston Scientific hit with second class action over pelvic mesh products
Class Actions 2021-03-22 11:36 am By Cat Fredenburgh

Boston Scientific has been hit with second class action on behalf of women who were implanted with allegedly defective pelvic mesh devices, just two weeks after the Full Court tossed an appeal to a landmark ruling that put Johnson & Johnson on the hook for millions in damages for failing to adequately warn patients about the risks the products carry.

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Johnson & Johnson unit loses high-stakes appeal in pelvic mesh class action
Appeals 2021-03-05 11:34 am By Miklos Bolza

The Full Federal Court has tossed an appeal by Johnson & Johnson unit Ethicon challenging a landmark decision that put it on the hook for paying damages to 10,000 women who suffered injury through defects in its prolapse mesh and incontinence tape implants.

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Judge knocks prominence of cross-claims in notice to Tandem class action members
Employment 2021-03-04 4:01 pm By Christine Caulfield

An opt out notice proposed to be given to group members in an underpayment class action against a unit of labour hire firm Tandem has been criticised by a judge as skewed to details of their exposure to cross-claims by the company.

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Pelvic mesh maker Astora may make admissions in class action in light of J&J case
Product Liability 2021-02-26 2:19 pm By Miklos Bolza

Pelvic mesh device maker Astora Women’s Health is weighing whether to make admissions in a class action over allegedly defective products in light of a similar, high profile class action brought against Johnson & Johnson unit Ethicon over the devices.

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Baker McKenzie repped client for two and half years that did not exist, court told
Class Actions 2021-02-24 5:59 pm By Miklos Bolza

For two and a half years, law firm Baker McKenzie represented a client in class action litigation over allegedly defective pelvic mesh products that did not exist, a court has heard.

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$27M settlement rejected in pelvic mesh class action, group members may learn
Class Actions 2021-02-24 5:51 pm By Miklos Bolza

The rejection of a $27 million settlement offer in a class action over American Medical Systems’ pelvic mesh products may be included in a proposed opt out notice, with a judge mulling whether to inform group members about a little used law which allows one lead applicant to take over from another.

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Government continues class action blitz with permanent change to continuous disclosure laws
Policy and Regulation 2021-02-17 10:20 am By Cat Fredenburgh

The Morrison government will reportedly make permanent changes to the continuous disclosure laws that were introduced at the height of the COVID-19 pandemic, as part of a wider effort to crack down on class action litigation.

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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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Tandem gets OK to file rare class action cross-claims against group members
Class Actions 2021-02-09 3:31 pm By Miklos Bolza

A judge has allowed a unit of recruitment firm Tandem to file cross-claims against individual group members in an underpayment class action, in a rare move that may spark important changes in representative proceedings.

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