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Class action might not yield ‘true value’ of RoundUp claims, plaintiff lawyer warns
Product Liability 2019-06-05 3:22 pm By Amelia Birnie

The law firm running the first Australian cancer case against RoundUp weedkiller producer Monsanto has questioned whether victims would get the “true value” of their claims if a class action was launched.

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Monsanto faces first Australian lawsuit over RoundUp weedkiller
Product Liability 2019-06-04 8:53 pm By Amelia Birnie

Melbourne-based Carbone Lawyers has filed the first Australian lawsuit against agribusiness giant Monsanto linking the company’s popular weedkiller RoundUp to cancer.

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Combustible cladding class action has prima facie case against manufacturer, judge says
Product Liability 2019-06-03 1:17 pm By Miklos Bolza

A judge has allowed the applicant in a class action over allegedly dangerous combustible cladding to sue a German-based cladding manufacturer, saying there was a prima facie case the company violated the Australian Consumer Law.

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‘Sensible’ funder won’t stick toxic foam class with costs after last-minute common fund withdrawal
Product Liability 2019-05-30 3:33 pm By Miklos Bolza

A judge has praised funder IMF Bentham for not seeking to recover from group members the cost of a withdrawn common fund application in one of Shine Lawyer’s toxic foam class actions, agreeing instead to cop the loss itself.

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Slater & Gordon to file class action over ‘killer’ kitchen countertops
Class Actions 2019-05-29 11:59 pm By Cat Fredenburgh

Law firm Slater & Gordon is planning a national class action against the makers of kitchen stone benchtops on behalf of thousands of stonemasons who allegedly contracted silicosis when making the popular luxe kitchen surfaces.

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‘No reason in logic’ why Ethicon pelvic mesh class should not be expanded, judge says
Class Actions 2019-05-02 4:27 pm By Cat Fredenburgh

A judge has signed off on the lead applicants’ bid to expand the current group definition in a class action against Johnson & Johnson unit Ethicon over allegedly defective vaginal mesh products, saying there was “no reason in logic” why the request should be denied.

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After drawing scrutiny from judge, toxic foam class action funding structure revealed
Product Liability 2019-04-23 10:41 pm By Christine Caulfield

The sought-after commission at the centre of an unsuccessful common fund application in a class action over the use of toxic foam at a RAAF base near Katherine, NT has been revealed as 15% of any gross recovery in the case plus up to three and a half times the funder’s costs.

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Common fund bid in toxic foam class action dismissed after applicant bristles at more scrutiny
Class Actions 2019-04-12 11:36 pm By Christine Caulfield

A judge has tossed an application for a common fund order in a class action over the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent “contradictor” to scrutinise the proposed funding structure.

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AMS liable after putting its name on faulty mesh implants, class action claims
Class Actions 2019-04-10 12:47 pm By Cat Fredenburgh

By putting its name on allegedly defective vaginal mesh implants, American Medical Systems held itself out as the manufacture of those devices, according to an amended class action pleading that addresses the medical device maker’s assertion that a subsidiary made the devices after May 2012.

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Judge says no to security for costs in unfunded Zoetis horse vaccine class action
Class Actions 2019-04-04 11:00 pm By Christine Caulfield

A judge has refused an application by horse vaccine maker Zoetis for $450,000 as security for costs in an unfunded class action alleging misleading claims by the pharmaceutical company, saying while he had the power to make the order sought, the “principled exercise” of his discretion was to reject the bid.

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