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Toyota can’t overturn defect ruling, but wins cut to damages in diesel filter class action
Anais d'Arville 2023-03-27 5:03 pm By Christine Caulfield

An appeals court has partially sided with Toyota in a challenge to the damages bill assessed by a judge in a class action over defective diesel filters, saying the reduction in value of affected cars should be assessed at 10 per cent, not 17.5 per cent, of the price paid by motorists.

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Court needs novel approaches for class actions or ‘system will collapse’, judge says
Class Actions 2023-03-27 2:15 pm By Cindy Cameronne Sydney

A judge overseeing a competition class action against Queensland power companies Stanwell and CS Energy has warned that judges need to be inventive in how they manage large group proceedings, otherwise the “system will collapse”.

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Murdoch wants court to decide if Crikey defamed him before trial
Clarissa Amato 2023-03-24 10:34 pm By Cindy Cameronne Sydney

Fox News CEO Lachlan Murdoch wants a court to decide before trial whether a Crikey article published last year that allegedly linked him to the US Capital riot was defamatory. 

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Court to hear bid to join insurers to class action against Blue Sky, EY
Arnold Bloch Leibler 2023-03-24 10:27 pm By Sam Matthews Melbourne

The insurers of Blue Sky Alternative Investments are fighting a bid to be joined to a consolidated investor class action against the company and its auditor, EY.

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Linchpin class action settles with directors, continues against AIG
Assembly Law 2023-03-24 10:19 pm By Cindy Cameronne Sydney

An investor class action has reached a settlement with four former directors of defunct Linchpin Capital, leaving only allegations against AIG Insurance, which is allegedly seeking to withdraw an admission that directors were insured under a D&O policy. 

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J&J knee implant class action member can claim damages despite WorkSafe payout
Class Actions 2023-03-24 5:25 pm By Cindy Cameronne Sydney

A group member in a class action against J&J unit Depuy International can receive compensation for out of pocket expenses associated with an alleged defective knee implant, despite having been paid by WorkSafe Victoria, a court has found.

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Chocolatier Koko Black takes rival to court for TM infringement
Clayton Utz 2023-03-23 9:12 pm By Christine Caulfield

Artisanal chocolate brand Koko Black has brought legal action against rival chocolate maker Kokopod and its owner, alleging they are infringing on Koko Black’s trade marks.

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Developers added to Apple, Google class actions despite conflict concerns
Allens 2023-03-23 4:38 pm By Cindy Cameronne Sydney

App developers can be added as group members in class actions against Apple and Google alleging they engaged in anti-competitive conduct in operating their app stores, despite Apple’s concerns that the law firm running the case will owe conflicting duties. 

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Full Court finds ACCC misstepped by not bringing ‘major failures’ case against Mazda
ACCC 2023-03-23 3:18 pm By Cindy Cameronne Sydney

The Australian Competition and Consumer Commission and Mazda have both lost their appeals in a case over the car manufacturer’s ‘appalling’ customer service, with three judges questioning the regulator’s decisions in how it ran the case.

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Bayer ‘deeply suspicious’ of pre-trial discovery bid in fight over Xarelto patents
Ashurst 2023-03-23 2:09 pm By Sam Matthews Melbourne

German pharmaceutical giant Bayer has slammed generic drug make Sandoz’s late bid for documents, which it called an attempt to “divert and distract” Bayer on the eve of a three-week trial over the patents for its top-selling blood clot drug Xarelto.

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