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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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Box Hill Institute ordered to alert students to class action over aviation course
Class Actions 2020-05-26 3:55 pm By Alison Eveleigh

Vocational education provider Box Hill Insitute must notify current students that their aviation course is the subject of a class action, which claims the licences students obtained through the institute did not provide them with the requisite knowledge or training to obtain a commercial pilots licence.

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Spain hit with lawsuit seeking to enforce $128M arbitration award
Arbitration 2020-05-26 1:58 pm By Cat Fredenburgh

Spain has been hit with a lawsuit seeking to enforce a $128 million arbitration award in a dispute over the country’s alternative energy investment policies, the fifth such lawsuit brought against the country in Australia.

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Continuous disclosure laws watered down to protect companies, directors from class actions
Class Actions 2020-05-25 9:41 pm By Christine Caulfield

In its latest move aimed at shielding companies from “opportunistic class actions”, the Morrison government has announced a temporary change to the continuous disclosure rules to give companies more wriggle room in updating shareholders during the coronavirus pandemic.

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VW carve-out settlement may become more popular as class action scrutiny heats up
Analysis 2020-05-25 8:24 pm By Christine Caulfield

The settlement arrangement resolving five class actions against Volkswagen, which carved out hefty legal fees from the $120 million payout to drivers, could become more prevalent as the spotlight is once again trained on the cost of class actions. But the approach is not without controversy, experts say.

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‘Threat of a heavy sanction’: Shareholder slams opt-out notice in AMP class action
Appeals 2020-05-25 8:15 pm By Miklos Bolza

A proposed notice to eligible group members in Maurice Blackburn’s class action against AMP over its fees for no services scandal threatened to bar unregistered shareholders from any settlement stemming from mediation in the case, a threat barred by a recent ruling finding that courts have no power to close class actions to signed up group members, an appeals court has heard.

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Baker McKenzie nabs former Norton Rose partner in second defection this month
Intellectual Property 2020-05-25 5:39 pm By Christine Caulfield

Norton Rose Fulbright has lost its second partner this month, with the defection of IP specialist Helen MacPherson to Baker McKenzie.

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IP Australia shoots down Intuit’s computer software patent
Intellectual Property 2020-05-25 4:44 pm By Christine Caulfield

IP Australia has rejected a patent application by financial software firm Intuit, finding that its invention was not a manner of manufacture and contained “nothing of substance” from which patentable claims could be found.

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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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7-Eleven must hand over legal bills ahead of class action fight over security for costs  
Class Actions 2020-05-25 3:35 pm By Alison Eveleigh

A security for costs fight is looming in the two class actions brought against 7-Eleven on behalf of franchisees, and the convenience store giant, which claims it has spent more than double the security paid so far in defending the cases, must produce 900 pages of invoices ahead of the battle.

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