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Negligence claims in COVID-19 class actions should be axed, aged care providers tell court
COVID-19 2021-07-13 7:34 pm By Cindy Cameronne

Two Melbourne-based aged care providers want negligence claims that are unrelated to COVID-19 removed from class actions over their handling of the pandemic, in a move that may exclude a “very large number” of group members from the proceedings.

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Group members can switch law firms in Monsanto class action
Class Actions 2021-06-25 1:49 pm By Miklos Bolza

A dozen group members can opt out of Maurice Blackburn’s Roundup class action against Monsanto and switch to a competing class action being run by Sydney-based LHD Lawyers that was closed and temporarily stayed in May last year.

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Royal Caribbean can’t block US lawsuit by White Island volcano victims
Personal injury 2021-06-18 10:45 pm By Cat Fredenburgh

A judge has shot down an attempt by cruise giant Royal Caribbean to block victims of the White Island volcano eruption in New Zealand from suing for damages in a US court.

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Royal Caribbean drops lawsuit against White Island volcano victims
Personal injury 2021-06-04 10:27 pm By Cat Fredenburgh

Cruise operator Royal Caribbean has dropped one of two lawsuits filed against victims of the White Island volcano eruption in New Zealand to try to block them from seeking damages in the US, where they reside.

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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 “tainted” 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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