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‘A significant inequality of arms’: Funding led to better outcome in PFAS class action, judge says
Class Actions 2020-06-09 3:00 pm By Alison Eveleigh

The judge overseeing three class actions against the Commonwealth over its use of allegedly toxic firefighting foam, which have settled for $212.5 million, said backing by a litigation funder led to a better outcome for group members, who would otherwise have been in the disadvantaged position of “supplicants requesting compensation”.

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Judge approves $212.5M toxic foam class action settlement
Class Actions 2020-06-05 9:46 pm By Alison Eveleigh

A judge has given his blessing to a landmark $212.5 million settlement of three class actions over the use of allegedly toxic firefighting foam at government military bases despite a “large number” of objections.

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Toxic foam class action settlement hearing runs to second day, with ‘unusual’ number of objections
Class Actions 2020-06-04 8:25 pm By Alison Eveleigh

The settlement of three class actions brought against the Commonwealth of Australia over its alleged use of toxic firefighting foam on government military bases is facing an unusually high number of objections, pushing an approval hearing into a second day as dissenters voice their concerns in court.

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J&J unit hit with indemnity costs for ‘unreasonable conduct’ in pelvic mesh class action
Class Actions 2020-05-26 8:13 pm By Alison Eveleigh

Johnson & Johnson subsidiary Ethicon has been hit with an indemnity costs order for “unreasonable conduct” after its loss in last year’s pelvic mesh class action ruling, which found that the pharmaceutical giant did not adequately warn of the risks of the implants.

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IOOF follow-on shareholder class action flops
Financial Services 2020-05-25 4:13 pm By Christine Caulfield

Eight months after defeating a case brought by the prudential regulator alleging breaches of superannuation laws, wealth manager IOOF has escaped a class action without paying a cent to shareholders.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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Law firm should personally pay costs for individual pelvic mesh cases, judge says
Product Liability 2020-05-11 3:10 pm By Miklos Bolza

A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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Law firm faulted for ‘opaqueness’ over number of toxic foam class actions to be filed
Class Actions 2020-04-30 11:00 pm By Miklos Bolza

Responding to a judge’s criticism that he had been “fobbed off” about how many PFAS class actions it expected to file, Shine Lawyers has said it has no current plans to bring more cases against the Department of Defence over the toxic foam.

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Landmark ruling nixing class closure orders likely to reach High Court
Analysis 2020-04-23 9:10 pm By Christine Caulfield

A ruling Wednesday that struck down class closure orders — a device used by judges in class actions for the past two decades — has split the courts in Australia and is expected to head to the High Court.

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