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Judge questions whether novel PFAS class action should go to Full Court
Class Actions 2021-02-12 3:16 pm By Spencer Fowler Steen

A judge has raised the possibility of referring a class action against the Morrison government for allegedly contaminating Indigenous land with toxic firefighting foam to the Full Federal Court due to novel questions the case raises about whether damages can be recovered for cultural loss.

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J&J slammed for ‘wreckage’ of a case in pelvic mesh class action appeal
Class Actions 2021-02-03 3:39 pm By Miklos Bolza

A group of women harmed by pelvic mesh devices produced by Johnson & Johnson have accused it of persisting with a “wreckage” of a case in which one of its own doctors admitted the pharmaceutical company knew of the risks posed by the implants at they time they were sold worldwide.

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Fifth PFAS contamination class action launched against federal government
Class Actions 2021-02-03 9:05 am By Christine Caulfield

The Morrison government faces a fifth class action alleging the use of toxic firefighting foam at a Defence Force base on the South Coast of New South Wales contaminated Indigenous land.

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Judge was wrong to ignore pelvic mesh doctors, J&J says in high-stakes appeal
Appeals 2021-02-01 6:53 pm By Miklos Bolza

The judge who found J&J’s pelvic mesh implants defective in a high stakes class action ruling mde a “pervasive error” in disregarding the knowledge and views of the applicants’ doctors, an appeals court has heard. 

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Top 10 class action settlements of 2020
Analysis 2021-01-12 10:46 pm By Spencer Fowler Steen

Payouts in class actions in 2020 largely kept pace with the previous year despite the financial strain of the COVID-19 pandemic, with companies and other defendants paying more than $696 million to settle class actions last year.

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Judge blocks lawyers’ access to docs in stayed Monsanto class action
Product Liability 2020-12-22 4:58 pm By Miklos Bolza

Lawyers for the lead applicant in a stayed class action against Bayer-owned Monsanto over its weedkiller Roundup cannot access discovered documents in a separate class action against the agricultural giant in advance of mediation next year.

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J&J ordered to pay $40M in pelvic mesh class action costs as stay bid tossed by court
Product Liability 2020-12-21 1:03 pm By Christine Caulfield

A unit of Johnson & Johnson has been ordered to pay around $40 million in legal costs to the lead applicants in a class action over pelvic mesh implants after a judge dismissed the company’s bid to stay the costs until after a high profile appeal is heard next year.

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Class action against Bayer’s Essure contraceptive drops claims against two manufacturers
Product Liability 2020-11-20 5:40 pm By Miklos Bolza

The lead applicant in a class action against Bayer over allegedly defective Essure contraceptive devices will ask the court to discontinue its claims against two makers of the controversial medical implants.

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Shine to get 2.1M documents from US pelvic mesh litigation
Class Actions 2020-11-05 2:28 pm By Cat Fredenburgh

American Medical Systems will hand over around 2.1 million documents produced in long-running US multidistrict litigation to Shine Lawyers in its class action against the Boston Scientific unit over its allegedly defective pelvic mesh products.

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Common fund order issue can’t be decided in ‘evidentiary vacuum’, NSW appeals court says
Class Actions 2020-10-30 11:06 pm By Christine Caulfield

The NSW Court of Appeal has passed on the question of whether a judge can make a common fund order when a class action settles to ensure a certain return to litigation funders, but the issue is not going away, whatever the Federal Court’s decision in a parallel case.

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