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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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ACCC says lower fine ‘appropriate’ in VW appeal of record $125M ‘dieselgate’ penalty
Competition & Consumer Protection 2020-05-05 12:58 pm By Alison Eveleigh

The Australian Competition and Consumer Commission maintains its $75 million settlement agreement with Volkswagen over the emissions cheating scandal was “appropriate”, as VW progresses its appeal of the $125 million penalty imposed by a judge who called the ACCC agreement “manifestly inadequate”.

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Judge picks Maurice Blackburn-led Monsanto class action to go first
Product Liability 2020-05-01 8:17 pm By Alison Eveleigh

A judge has declassed one of three class actions against Monsanto over its allegedly cancer-causing weedkiller and chosen the proceedings brought by heavyweight plaintiff-firm Maurice Blackburn to go first, while seeking to appease the competing firm’s fear of being “swallowed” by a larger rival.

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Judges’ schedules to be cleared as court expedites Johnson & Johnson pelvic mesh appeal
Appeals 2020-05-01 4:34 pm By Miklos Bolza

The top judge of the Federal Court plans to clear the schedules of three judges at the start of next year so they can hear and decide Johnson & Johnson’s challenge of a class action ruling that found its pelvic mesh devices were defective and awarded the lead applicants $2.6 million in damages.

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