The Australian Securities and Investments Commission will likely appeal a ruling that two Westpac units did not provide personal financial advice as part of a campaign encouraging customers to roll over external superannuation accounts.
A judge has recommended another shareholder vote over Boart Longyear’s plan to move to Canada, saying a letter by a minority shareholder warning the move could imperil a possible class action against the distressed mining services company was misleading and affected the integrity of the vote.
Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on “hearsay and speculation,” Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world’s best-selling vaccine.
Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.
US-based chemical and materials technology company Cytec Industries has filed a patent lawsuit against a unit of Ecolab, after a delegate for IP Australia gave the water technology company a third chance to amend its patent for preventing sediment buildup on mining equipment.
An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.
An unprecedented joint-sitting of two appeals courts will this week hear a constitutional challenge to the power of judges to make so-called common fund orders, a challenge that could have significant ramifications for class actions even if they don’t fall foul of the ‘vibe of the thing’.
The Full Federal Court has shot down a challenge by Japanese electronics company Nichia Corp. to a ruling that Arrow Electronics did not infringe its patent for a white light emitting device.
Teva has taken generic drug maker Pharmacor to court for allegedly threatening to infringe its patent for a Parkinson’s drug.
Car giant Ford will face a claim of unconsionable conduct in a trial of a class action over its defective PowerShift transmission that is now scheduled to run twice as long as originally thought, but claims on behalf of second-hand Ford vehicle owners are out.