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In-N-Out Burgers wins injunction in IP fight against ‘ghost kitchen’ operator
Intellectual Property 2023-01-11 11:05 am By Sam Matthews

American fast food chain In-N-Out Burgers has won an injunction against a Queensland ‘ghost kitchen’ that operates solely through meal delivery apps, after it failed to comply with court-ordered undertakings.

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Law firm must compete to administer $300M J&J class action settlement
Business of Law 2023-01-10 3:49 pm By Sam Matthews

A judge has opened the administration of a $300 million settlement in a pelvic mesh class action to a competitive bidding process, shortly after another judge said law firms were not uniquely qualified to distribute class action spoils.

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Applicant wants do-over in failed Zoetis horse vaccine class action
Appeals 2023-01-10 4:38 pm By Cat Fredenburgh

The applicant who lost a class action against animal health giant Zoetis over alleged side effects resulting from its Hendra virus horse vaccine has filed an appeal, arguing the judge should have found the vaccine was not of acceptable quality.

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Rejected costs report in Woolworths class action got proportionality wrong, judge says
Class Actions 2023-01-10 11:02 pm By Sam Matthews

A costs report in a settled class action against Woolworths that recommended almost $800,000 in legal fee deductions failed to wrestle with a key factor in weighing the proportionality of the costs, a judge has said.

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Carnival ordered to pay $326,000 to passenger who suffered miscarriage
Professional Negligence 2023-01-10 1:48 pm By Sam Matthews

Cruise operator Carnival PLC has been ordered to pay compensation to a passenger who suffered a miscarriage after evacuating from a cruise ship, with a judge finding the ship’s doctor gave her bad medical advice.

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Tolga Kumova wins $275,000 defamation judgment against Stock Swami
Defamation 2023-01-09 11:41 pm By Sam Matthews

The man behind the Twitter handle Stock Swami has been ordered to pay $275,000 in damages to Tolga Kumova, after a judge found his tweets defamed the mining investor by accusing him of insider trading, misleading the market, and running a pump and dump scheme.

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Settlement in RMS Engineering class action wins court approval
Employment 2023-01-09 2:51 pm By Cindy Cameronne

A judge has approved a settlement in a class action against Queensland-based RMS Engineering and Construction alleging it refused to give staff meal breaks and threatened those who complained about excessive hours.

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Top 10 class action settlements of 2022
Top 10 Class Action Settlements 2023-01-06 3:23 pm By Sam Matthews

Class action settlement sums reached new highs last year, with the ten largest agreements totalling almost $1 billion, almost half of which was secured by one plaintiff law firm.

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Ex-Spaceship Capital director wins appeal of banning order
ASIC 2023-01-06 12:48 pm By Sam Matthews

A former director of Spaceship Capital Limited has succeeded in overturning a banning order imposed by ASIC, with a tribunal finding he may have been kept in the dark about the software bug that led to the ban.

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‘Substantial industrial theft’: Hytera to face damages for stealing Motorola’s source code
Intellectual Property 2022-12-23 8:59 pm By Cat Fredenburgh

A judge has found Shenzhen-based based radio manufacturer Hytera engaged in “substantial industrial theft” by appropriating Motorola’s source code for its digital mobile radios and should be on the hook for additional damages for “flagrantly” infringing Motorola’s copyright.

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