The applicant in a class action against Ford over allegedly defective PowerShift transmissions has taken another stab at bringing an unconscionable conduct claim, after the judge overseeing the case panned an earlier pleading as “problematic”.
Last year was an exciting one for class action lawyers, with monumental court decisions on competing cases, cross-jurisdictional spats, proportionality in settlements and the power of judges to decide how a recovery is distributed. Here, top class action litigators tell us what the most significant rulings of 2018 were and why the decisions will continue to matter this year.
In a situation a judge has called “extraordinary and troubling”, Deloitte’s files on failed construction company Hastie — sought as evidence by shareholders in a class action — have vanished from the accounting giant’s locked ‘litigation room’ and are now in the control of a single partner who refuses to return them.
A multi-million dollar settlement has been reached in a shareholder class action against private training company Ashley Services over its $67 million tumble two years ago.
Johnson & Johnson unit Ethicon is seeking a class closure order in the pelvic mesh class action, as the company prepares to enter mediation.
The law firms that challenged a ruling staying their cases against GetSwift gave the Full Federal Court a chance to guide judges managing competing class actions, but they can’t avoid paying their opponents’ legal costs because the court happened to seize the opportunity.
A judge has slammed an amended pleading in a class action against Zoetis by horse owners who claim the pharmaceutical company made misleading claims about its Hendra virus drug, saying it presents an “insuperable difficulty”.
A law firm on the losing end of a landmark ruling over competing shareholder class actions against GetSwift has argued that a proposed opt-out notice to group members should wait until after its High Court appeal. And the judge will let the firm make its argument, after hearing that the winning law firm has been, in his words, “sitting on its hands”.
The lead applicant in a class action over the failure of Banksia Securities is on the hook for paying the legal costs of a class member who successfully challenged the funder’s cut of a $64 million settlement in the case.
Treasury Wine Estates can’t claim its legal costs in defending against two stayed shareholder class actions because the terms of a settlement in a third class action barred the company from recovering anything from group members in related cases, a court has heard.