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Judge ‘outraged’ by terms of ACCC’s $75M dieselgate settlement with VW
Competition & Consumer Protection 2019-10-16 8:41 pm By Amelia Birnie

A judge is considering whether he can increase a record $75 million civil penalty settlement reached by Volkswagen and the ACCC over the dieselgate scandal, after saying the people of Australia would be “upset” if they knew about some of the “outrageous” terms to which the consumer watchdog had agreed.

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Concerns ‘poorer’ patients in vaginal mesh class action less likely to be notified of rights
Class Actions 2019-09-30 9:44 pm By Amelia Birnie

The judge overseeing the Ethicon pelvic mesh class action has flagged serious public policy concerns stemming from class identification problems, amid fears that “poorer” patients in the public health system would be less likely to be notified of their rights compared to those in the private system.

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VW reaches in-principle dieselgate agreement with ACCC
Competition & Consumer Protection 2019-09-23 2:10 pm By Amelia Birnie

Volkswagen is nearing the end of the road in the dieselgate scandal in Australia, as the car company agrees to an in-principle resoltion of enforcement action by the ACCC while also finalising the details of the settlement of five class actions worth up to $127 million.

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High Court to hear wrongful death case over Queensland airplane crash
Appeals 2019-09-17 6:10 pm By Miklos Bolza

Two Australian companies have won their application for special leave to the High Court as they continue their fight to shut down a wrongful death case in the US brought by the families of 15 people killed in an aircraft crash near Lockhart River in northern Queensland in May 2005.

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VW settles landmark dieselgate class actions for up to $127M
Class Actions 2019-09-16 10:28 am By Amelia Birnie

After four years of litigation, the Volkswagen diesel emissions class actions have reached an in-principle settlement of up to $127.1 million, with affected consumers expected to receive $1,400 per vehicle on average if 100 per cent participation is achieved.

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‘Must be April Fool’s day’: judge slams 120 common questions ‘joke’ in botched breast implant class action
Class Actions 2019-09-13 8:05 pm By Amelia Birnie

The judge overseeing a class action against The Cosmetic Institute over allegedly botched breast enhancement surgery has queried whether the plaintiffs were playing an “April Fool’s joke” after they proposed a list of 120 common questions for determination.

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Judge ‘flummoxed’ about why 200 pelvic mesh cases are not a class action
Product Liability 2019-09-12 1:20 pm By Miklos Bolza

A Federal Court judge has expressed disbelief that hundreds of lawsuits are being pursued over allegedly defective  pelvic mesh, saying he was “absolutely flummoxed” as to why the law firm leading them hadn’t considered filing a class action.

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Class action alleges Cosmetic Institute director was mastermind behind ‘one size fits all’ breast surgery
Class Actions 2019-08-07 8:11 pm By Amelia Birnie

The plaintiffs in The Cosmetic Institute class action over allegedly botched breast implants will argue a former director of the company was the mastermind behind the ‘one size fits all’ business model, after the business went into liquidation and stopped participating in litigation.

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Judge meets further resistance from doctors group in Ethicon pelvic mesh class action
Product Liability 2019-07-26 9:54 pm By Amelia Birnie

A judge has ordered a leading doctor’s professional body to hand over its member list to the applicants in the Ethicon pelvic mesh class action, after the organisation tried to argue its physical member book didn’t strictly fall within the terms of a court order.

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Subpoena not a ‘garden party invitation’: judge in pelvic mesh class action warns doctor groups
Class Actions 2019-07-16 8:05 pm By Amelia Birnie

A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.

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