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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 Melbourne
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.
After drawing scrutiny from judge, toxic foam class action funding structure revealed
Class Actions 2019-04-23 10:41 pm By Christine Caulfield Melbourne
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.
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 Melbourne
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the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent "contradictor" to scrutinise the proposed funding structure.
AMS liable after putting its name on faulty mesh implants, class action claims
Baker McKenzie 2019-04-10 12:47 pm By Cat Fredenburgh Melbourne
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.
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 Melbourne
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.
Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Australian Government Solicitor 2019-04-03 5:21 pm By Miklos Bolza Sydney
A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he's not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.
Judge wants four referees in toxic foam class actions
Amy Munro 2019-03-19 9:25 pm By Cat Fredenburgh Melbourne
The Chief Justice of the Federal Court wants four referees to weigh what's expected to be voluminous expert evidence in three class actions against the Commonwealth of Australia over exposure to allegedly toxic foam used on a government military bases, saying with 60 class actions pending in the Federal Court, devoting a single judge to the case for months on end should be a "mechanism of last resort".
First class action filed over combustible cladding
Class Actions 2019-02-15 9:37 pm By Cat Fredenburgh Melbourne
A product liability class action has been filed against the manufacturers of Alucobond PE cladding, the first of what's expected to be several lawsuits over the combustible cladding, believed to be in the majority of buildings in Australia.
Maurice Blackburn drops investigation of Opal Tower class action
Class Actions 2019-02-06 9:48 pm By Christine Caulfield Melbourne
Maurice Blackburn has dropped its investigation of a possible class action on behalf of owners of units in Sydney's faulty Opal Tower, but Corrs Chambers Westgarth is still pursuing a potential case.
Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh Melbourne
The judge overseeing a class action against Ethicon over allegedly faulty pelvic mesh implants has shot down the device maker's bid for a class closure order.