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Government ordered to do ‘root and branch review’ of PFAS class action defence
Class Actions 2021-05-28 11:38 pm By Cat Fredenburgh

A judge has ordered the federal government to file an amended defence in one of two class actions over its use of allegedly toxic firefighting foam on military bases, after being accused of lodging a deficient pleading.

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Virgin Australia dodges lawsuit by passengers served perfume water
Personal injury 2021-05-12 9:40 pm By Cindy Cameronne

Virgin Australia has defeated a lawsuit brought by two passengers who were served water which allegedly contained perfume, with a judge finding that their subsequent medical issues were not caused by the ā€œtaintedā€ water.

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Judge slams Monsanto’s ‘highly unsatisfactory’ behaviour in Roundup class action
Class Actions 2021-05-10 4:27 pm By Miklos Bolza

A judge has criticised agricultural giant Monsanto for its “highly unsatisfactory” conduct in ignoring court orders in a class action over its allegedly cancer-causing Roundup pesticides.

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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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