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‘Virtually nothing has been done’: Judge shreds firm for lag in $300M J&J settlement
A judge has savaged Shine Lawyers over its failure to present a signed settlement agreement to the court a month after Johnson & Johnson Medical and unit Ethicon agreed to pay $300 million to settle two pelvic mesh class actions, ordering the firm to explain on the record what steps have been taken to finalise the settlement.
Humm points finger at Forum Finance in SMBC’s $34M lawsuit
Fintech Humm has admitted to making “misrepresentations” to Japanese bank SMBC over allegedly worthless receivables linked to Forum Finance but has denied it was negligent, claiming a Forum Group unit should share the burden of paying any damages in the $33.6 million lawsuit.
Virgin class action to appeal ‘nonsensical’ indemnity ruling
The applicant in an investor class action against Virgin Australia plans to appeal a judge’s decision requiring litigation funder Balance Legal Capital UK to give the airline an indemnity in order to bring the proceedings, saying the indemnity “substantially changes the risk calculus" for group members.
Judge mulls contradictor in $105M Boston Scientific class action settlement despite no red flags
The judge overseeing a class action against US medical device maker Boston Scientific is considering appointing a contradictor to look over the $105 million settlement reached in the case, despite seeing no obvious obstacle to approving the deal.
Clive Palmer’s injunction bid premature in $30B spat over Pilbara iron ore mine, court says
A judge overseeing mining magnate Clive Palmer’s latest spat with the West Australian government has declined to issue an injunction preventing the state from enforcing liabilities against Palmer’s companies Mineralogy and International Minerals under the controversial ‘Palmer Act’.
Franchisees in class action against Hog’s Breath Cafe lose appeal of $1.2M security order
A potentially stultifying order for $1.23 million in security for costs in a class action against the Hog's Breath Cafe restaurant chain has survived a challenge by the franchisees.
PFAS class action judge questions enforceability of ‘restrictive’ witness undertaking
A judge has questioned how the government can enforce a “restrictive” undertaking with a former member of the Australian Defence Force who will give key evidence in a class action alleging the Commonwealth contaminated Indigenous land with toxic firefighting foam.
Class action funder must indemnify Virgin despite ‘nonsensical’ agreement
A judge has ruled that a litigation funder for an investor class action against Virgin must give the airline an indemnity to bring proceedings despite finding a deed of company arrangement requiring the pay-out “didn’t make sense”.
Snap Fitness franchisee loses COVID-19 coverage appeal, but ‘conformity clause’ debate still live
An appeals court has dismissed a challenge brought by a Snap Fitness franchisee to a ruling that found insurer Lloyd’s could rely on a conformity clause in its policy to deny business interruption coverage to the NSW gym for losses related to COVID-19.
Onus on franchisor to prove $1.2M security would not kill class action, Full Court told
Fighting what they say is a stultifying $1.23 million order for security for defence costs in a class action, franchisees of Hog's Breath Cafe have argued it is up to the restaurant chain to prove group members can pony up the dough.