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Bayer can take another crack at ‘scientific knowledge’ defence in Essure class action
A class action against Bayer over its Essure contraceptive has lost a bid to knock out the pharmaceutical giant’s defence that argues any defects in the device could not have been discovered given the state of scientific knowledge at the time the implants were sold in Australia.
The top litigation law firms of 2022
Lawyerly's Litigation Law Firms of 2022 racked up precedent-setting victories in a year that continued to see major developments in class action law.
New allegations OK’d on eve of trial in Bayer Essure class action
A class action against Bayer over its Essure device has won court approval to add new allegations, including that the contraceptive caused sexual dysfunction, with a judge finding the new claims could not have taken the German drug maker by surprise.
JD Group wins partial appeal in couple’s case over $10M off-the-plan apartment
Developer JD Group has scored a partial win in its challenge to a damages award to a Melbourne couple over a “deliberately misleading” rendering of a $9.6 million apartment, with a judge saying the case showed the “inherent risk” in buying apartments off-the-plan.
Court approves GCO in Noumi class action but may review lawyers’ cut
A judge has signed off on a group costs order in a shareholder class action against food company Noumi and auditor Deloitte guaranteeing group members a return of at least 78 per cent, but noted the law firms' cut may need to be reviewed to avoid a "disproportionate return".
Noumi class action lawyers won’t commit to 22% rate in GCO bid
Two class action firms have refused to provide an undertaking that would fix the rate of their contingency fee in a consolidated shareholder class action against food company Noumi and auditor Deloitte over $590 million in accounting irregularities.
High Court ends BHP’s campaign to exclude foreign investors from class action
BHP Group has lost its High Court battle to keep foreign investors from an Australian shareholder class action over the devastating collapse of a Brazilian dam.
One year after scolding from judge, TWE class action still stalled in discovery
A judge has raised concerns with Maurice Blackburn and Slater & Gordon for their slow progress in a consolidated shareholder class action against Treasury Wine Estates, one year after scolding the firms for their delay in filing evidence.
Funder backing multiple cases against Deloitte can’t access docs in Noumi class action
Deloitte has won its bid to keep confidential documents away from the funder backing a consolidated shareholder class against food company Noumi which alleges the auditor was complicit in misleading the market.
Barrister cites finding that PwC used ‘postbox’ lawyer in Noumi class action privilege spat
A fight over a global privilege claim by Noumi has been foreshadowed in a consolidated shareholder class action against the food company, formerly Freedom Foods.