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Judge promises no ‘mystery tour’ in Takata air bags class actions
Allens 2019-07-25 4:23 pm By Miklos Bolza

The judge overseeing seven class actions against car makers over defective Takata airbags has shot down the applicants’ opposition to a soft class closure order in advance of mediation, saying the cases would not be a “mystery tour” from here on out.

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Iluka threatens class action dismissal bid amid ongoing funding concerns
ACA Lawyers 2019-07-24 9:19 pm By Amelia Birnie

Mineral sands producer Iluka Resources is threatening a dismissal bid in a shareholder class action it has spent $2 million fighting over the past year, amid concerns proposed security could be inadequate and the applicant has still to finalise an agreement with a litigation funder.

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Caterpillar pounces on Puma’s ‘procat’ trade mark
Article 2019-07-23 9:57 pm By Cat Fredenburgh

A catfight has broken out between construction equipment and workwear maker Caterpillar and sneaker giant Puma, with Caterpillar arguing Puma’s ‘procat’ trade mark is deceptively similar to its ‘cat’ marks.

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More than a ‘scintilla of inventiveness’: Motorola defends source code as Hytera trial kicks off
Cameron Moore 2019-07-22 8:01 pm By Amelia Birnie

Patents at the centre of a high stakes IP dispute between tech giants Motorola and Hytera have significantly more than the necessary “scintilla of inventiveness” to be deemed valid, Motorola said on the first day of a month-long trial.

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Judge ‘troubled’ by bid to extend class closure order in UGL shareholder action
Article 2019-07-15 10:26 pm By Christine Caulfield

A judge overseeing a class action against engineering company UGL has agreed to extend a class closure order to give the parties a second chance to resolve the case in mediation, but not without expressing concerns that the order did not have the intended effect of encouraging settlement at the first sit-down.

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Adani defeats appeal in native title challenge to Queensland coal mine
Appeals 2019-07-12 10:30 pm By Christine Caulfield

A group of Indigenous Australians opposed to Adani’s Carmichael coal mine in Queensland has lost an appeal of a ruling dismissing a native title case against the $16 billion development.

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Celeb-backed rival sports news sites settle IP dispute
Bird & Bird 2019-07-11 10:42 pm By Cat Fredenburgh

A US sports news website founded by former Yankees shortstop Derek Jeter featuring content by athletes has agreed to settle an IP lawsuit brought against a rival Australian site for allegedly copying its look.

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Law firms can push on with separate class actions against CBA under cooperation deal
CBA 2019-07-10 8:33 pm By Amelia Birnie

Rival law firms Maurice Blackburn and Phi Finney McDonald will be allowed to work together without consolidating their separate shareholder class actions against the Commonwealth Bank of Australia, after a judge ruled that the bank had overstated the potential for extra costs and delays.

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Prosecutors to fight witness cross-examination at ANZ cartel committal hearing
Allens 2019-07-09 11:53 am By Miklos Bolza

Prosecutors will oppose a bid by ANZ, Citigroup, and Deutsche Bank to cross-examine witnesses at the upcoming committal hearing of the criminal cartel case over ANZ’s botched $2.5 billion institutional share placement.

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Sims Metal class action funder to get no more than 25%, shareholders guaranteed at least half
Alexander Edwards 2019-07-05 11:31 pm By Cat Fredenburgh

Noting the “significant and beneficial reduction” in recent funding rates, the judge overseeing a shareholder class action against recycling company Sims Metal Management has signed off on an order capping the commission of the funders at 25 per cent of any net proceeds and setting a minimum 50 per cent of any recovery for group members.

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