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Corrs ‘mistake’ doesn’t doom ‘potentially quite significant’ evidence in Ford class action
Class Actions 2020-08-05 2:27 pm By Miklos Bolza

A judge has granted a mid-trial bid to bring in “potentially quite significant” new evidence in a class action against Ford over its allegedly defective PowerShift transmissions, finding the failure to file the material earlier was not deliberate but a “mistake” on the part of the lead applicant’s solicitors at Corrs Chambers Westgarth.

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Ford docs don’t contain trade secrets, class action judge says
Class Actions 2020-07-15 6:44 pm By Cat Fredenburgh

The judge hearing a class action trial against Ford over its allegedly defective Powershift transmission has rejected the car maker’s argument that certain documents should be suppressed because they hold trade secrets, saying Ford did not invent the 6 Sigma problem solving method on which some of the reports were based.

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Citing COVID-19 and $1.5M in class action costs, cladding manufacturer goes into administration
Class Actions 2020-07-13 10:34 pm By Cat Fredenburgh

Cladding manufacturer Fairview Architectural has filed for voluntary administration, citing challenges posed by COVID-19 and $1.5 million spent so far defending a class action alleging it misrepresented the quality of its “highly flammable” cladding. 

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Pelvic mesh judge calls for ‘someone who understands how to plead a representative proceeding’
Product Liability 2020-07-02 8:52 pm By Alison Eveleigh

A judge has adjourned an interlocutory application because of deficient pleadings in a class action brought against three medical device manufacturers and a former doctor on behalf of thousands of women who claim to have suffered lifelong complications from pelvic mesh implants.

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Judge approves $212.5M toxic foam class action settlement
Class Actions 2020-06-05 9:46 pm By Alison Eveleigh

A judge has given his blessing to a landmark $212.5 million settlement of three class actions over the use of allegedly toxic firefighting foam at government military bases despite a “large number” of objections.

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‘Harsh and draconian’: Judge shoots down bid for class closure in combustible cladding action
Class Actions 2020-06-01 8:38 pm By Miklos Bolza

A court has dismissed a “harsh and draconian” class closure order sought by German cladding manufacturer 3A Composites in a class action against it over allegedly combustible cladding.

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Client poaching allegations fly in Monsanto class actions
Class Actions 2020-05-22 3:19 pm By Miklos Bolza

A judge has rejected concerns about client poaching raised by the law firms involved in competing class actions against chemical giant Monsanto.

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J&J won’t ask judge to recuse himself from pelvic mesh appeal
Appeals 2020-05-15 6:09 pm By Miklos Bolza

Medical device giant Johnson & Johnson has confirmed it will not seek the recusal of a Federal Court judge from a panel overseeing its pelvic mesh class action appeal, despite earlier raising concerns that he had seen privileged settlement communications.

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Law firm should personally pay costs for individual pelvic mesh cases, judge says
Product Liability 2020-05-11 3:10 pm By Miklos Bolza

A judge has found that the law firm behind a plethora of pelvic mesh lawsuits filed in multiple courts should be personally hit with costs for its “keystone cop-like conduct” in handling the proceedings, but has given the firm a week to convince him otherwise.

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Car makers won’t take class closure fight to High Court
Product Liability 2020-05-07 11:24 pm By Miklos Bolza

Seven car makers defending class actions over defective Takata airbags have confirmed they will not be challenging a landmark decision that set aside a pre-settlement class closure order in the cases.

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