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Facebook, Instagram to seek stay of competition case by Aussie social media startup
Competition & Consumer Protection 2020-04-15 4:26 pm By Miklos Bolza

Facebook and its subsidiary Instagram will call for a stay of a Federal Court competition lawsuit brought by an Australian social media startup as it seeks to arbitrate the matter under Californian law.

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COVID-19 could push Country Care cartel trial to next year
Competition & Consumer Protection 2020-04-15 1:59 pm By Alison Eveleigh

The jury trial for a criminal cartel case against mobility equipment provider Country Care and two employees is unlikely to start before next year due to restrictions on jury trials caused by the coronavirus pandemic, a judge has said.

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Class can’t access insurance docs in action over ‘illusory’ car warranties
Class Actions 2020-04-14 5:23 pm By Miklos Bolza

The applicant in a $47.6 million class action against a unit of car leasing company McMillan Shakespeare has been denied access to insurance documents sought to determine the value of the case, with a judge saying access would “distort the playing field”.

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Bega triumphs again in $60M battle over peanut butter IP rights
Intellectual Property 2020-04-14 3:47 pm By Cat Fredenburgh

Kraft has lost an appeal in its high-stakes legal battle against Bega over the right to use its distinctive peanut butter trade dress in Australia.

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Judge shoots down request for soft closure in breast implants class action
Class Actions 2020-04-14 1:22 pm By Cat Fredenburgh

The plaintiffs in a class action against Dr Eddy Dona, the director of defunct chain the Cosmetic Institute, over allegedly botched breast implants have lost their bid for a ‘soft’ class closure order, with a judge saying the class already had sufficient information to engage in settlement negotiations.

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Seven West sues Bauer to keep $40M acquisition on track
Corporate 2020-04-08 2:44 pm By Cat Fredenburgh

Seven West Media has filed a lawsuit against Bauer Media to compel the German company to complete its planned $40 million acquisition of the Australian media giant’s Pacific Magazines unit.

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Aldi takes another shot at misleading conduct case against TWU
Appeals 2020-04-07 6:01 pm By Miklos Bolza

German grocery store Aldi Foods has appealed a Federal Court decision dismissing its case against the Transport Workers Union on a “legal technicality” despite a finding that material disseminated by the union was likely to mislead.

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TEG Live to pay back $5M to basketball fans duped by misleading seating charts
Competition & Consumer Protection 2020-04-07 12:26 pm By Christine Caulfield

Event promoter TEG Live will refund $5 million to more than 5,000 sports fans who bought 20,000 tickets to see the Boomers play USA and Canada last year, after admitting it made misleading claims about seating at the basketball games.

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Fight erupts over need for amicus to weigh fairness of $212.5M toxic foam settlement scheme
Class Actions 2020-04-06 7:02 pm By Alison Eveleigh

The Commonwealth of Australia has called for the appointment of an amicus to scrutinise the $212.5 million settlement reached in several class action against it over allegedly toxic firefighting foam used on government military bases.

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Johnson & Johnson appeals landmark ruling in pelvic mesh class action
Class Actions 2020-04-06 2:40 pm By Cat Fredenburgh

Johnson & Johnson has appealed a ruling awarding the three lead applicants in a class action over its pelvic mesh products a combined $2.6 million in damages, after a judge found the company failed to adequately warn women of the implants’ risks.

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