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Divided appeals court says judge’s grilling of expert witness ‘quite involved’ but not excessive
Courts 2021-04-29 5:02 pm By Christine Caulfield

An appeals court has split on whether a judge’s grilling of an expert witness in a personal injury case was appropriate, with the dissenting judge saying the questioning — which took up more than two-thirds of the cross examination — was excesssive, and hostile in parts.

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‘Absolutely not’: Judge won’t hold Ethicon-type trial in TFS pelvic mesh class action
Class Actions 2021-04-23 10:59 pm By Miklos Bolza

Hoping to avoid a lengthy trial like the 89-day hearing in the pelvic mesh class action against Johnson & Johnson’s Ethicon, a judge has suggested splitting up a class action hearing over TFS Manufacturing and IVS pelvic mesh products to focus on the question of the devices’ safety and efficacy first.

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‘Optimistic’ judge calls for talks in competing class actions against Boston Scientific
Class Actions 2021-04-19 5:37 pm By Miklos Bolza

A judge has urged the parties in two pelvic mesh class actions against Boston Scientific to come up with a “pragmatic solution” to the competing proceedings filed in the Federal and NSW Supreme courts.

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Plastic surgeon named in breast implants class action locked in legal battle with insurers
Insurance 2021-03-29 2:51 pm By Miklos Bolza

A court has ordered Avant Insurance to supply certain documents to a plastic surgeon seeking coverage for legal costs of defending a class action against The Cosmetic Institute over allegedly “incompetent” breast augmentation surgery.

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Melbourne personal injury firm accused of breaching duties to client
Personal injury 2021-03-18 5:28 pm By Miklos Bolza

A Melbourne-based personal injury firm has been sued for negligence and breach of contract by a former client who says he was not properly advised about the consequences of a $77,500 settlement after being assaulted while working as a security guard.

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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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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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Monash IVF raises ‘serious questions’ about validity of class action
Class Actions 2021-02-25 12:27 pm By Miklos Bolza

Fertility clinic Monash IVF says there are “serious questions” about whether a class action that accuses it of destroying viable embryos was validly commenced as a class action.

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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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