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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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Courts don’t have power to make class closure orders, appeals court says
Class Actions 2020-04-22 6:30 pm By Miklos Bolza

An appeals court has overturned a ruling ordering class closure in seven representative proceedings against car makers over defective Takata airbags, finding courts do not have the power to make class closure orders.

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New toxic foam class action launched on behalf of 40,000 landowners
Class Actions 2020-04-16 3:01 am By Christine Caulfield

Fresh off the back of a $212.5 million settlement in three class actions over the Defence Department’s use of fire-fighting foam, Shine Laywers has launched another class action over the toxic chemical on behalf of 40,000 residents across Australia.

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Doctors can’t shut down pelvic mesh lawsuit by J&J class action member
Healthcare 2020-04-07 3:38 pm By Christine Caulfield

Two gynaecologists have lost their bid to dismiss a negligence lawsuit brought by a patient implanted with a Johnson & Johnson pelvic mesh device found by a judge overseeing a related class action to have been defective.

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Johnson & Johnson appeals landmark ruling in pelvic mesh class action
Class Actions 2020-04-06 2:40 pm By Cat Fredenburgh

Johnson & Johnson has appealed a ruling awarding the three lead applicants in a class action over its pelvic mesh products a combined $2.6 million in damages, after a judge found the company failed to adequately warn women of the implants’ risks.

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Law firm investigates class action against opioid makers
Class Actions 2020-03-31 12:28 pm By Cat Fredenburgh

The makers or popular opioid drugs like OxyContin and Fentanyl may face a class action in Australia by consumers who allege they suffered financial loss from the addictive drugs.

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Court wrestles with how toxic foam settlement objectors will be heard
Class Actions 2020-03-26 2:17 pm By Miklos Bolza

The judge overseeing the $212.5 million settlement in three toxic foam class actions against the Commonwealth of Australia has been told of at least one objection to the deal and has flagged difficulties taking submissions from opposing group members at an upcoming approval hearing.

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Government to pay $212.5M in landmark toxic foam class action settlement
Class Actions 2020-03-11 12:13 pm By Cat Fredenburgh

The Federal Government will pay $212.5 million to settle three class actions over the use of allegedly toxic firefighting foam at government military bases.

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