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Merck Sharp & Dohme slams Wyeth vaccine patent claims as ‘hearsay and speculation’
Intellectual Property 2019-02-06 8:17 pm By Miklos Bolza

Claims by Wyeth that its patented Prevnar 13 pneumococcal vaccine was inventive because other pharmaceutical giants had failed in developing similar vaccines are based on “hearsay and speculation,” Merck Sharp & Dohme told the court during closing submissions in the high-stakes trial over the world’s best-selling vaccine.

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Common fund orders fulfil class action promise, lawyers tell historic appeals court
Appeals 2019-02-05 10:50 pm By Miklos Bolza

Common fund orders are the completion of the notion of class actions envisaged when the regime was introduced 27 years ago, a joint-sitting of two appeals courts was told on the second and last day of a landmark challenge to what has become an oft-used case management tool by trial judges.

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ABC demands details from Michelle Guthrie before mediation in unfair sacking case
Employment 2019-02-05 9:58 pm By Miklos Bolza

The ABC has called for a “clearer articulation” of former managing director Michelle Guthrie’s unfair sacking claims against the broadcaster ahead of court-ordered mediation.

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Ethicon loses bid for class closure order in pelvic mesh case
Class Actions 2019-02-05 9:35 pm By Cat Fredenburgh

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.

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Pitcher Partners appeals $5.6M damages award over concealed accounting error
Competition & Consumer Protection 2019-02-05 2:16 pm By Christine Caulfield

Accounting firm Pitcher Partners will challenge a ruling that it owes a NSW bus operator $5.6 million in damages for fraudulently concealing a costly amortisation error.

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Common fund orders in class actions either ‘premature’ or ‘pointless’, joint appeals court told
Appeals 2019-02-04 8:39 pm By Miklos Bolza

An appeal before a historic joint sitting of two courts over so-called common fund orders in class actions kicked off Monday with a full bench of six judges and a packed courtroom hearing arguments by eminent barristers for BMW and Westpac that the orders are either preemptive or pointless.

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Barristers suing DLA Piper over $370,000 in fees did not do all the work, court told
Business of Law 2019-02-04 11:21 am By Christine Caulfield

Two barristers suing DLA Piper over $370,000 in fees did not perform all the work for which they billed the law firm, a court heard Monday.

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Judge slams ‘extremely unhelpful’ Qantas defence in underpayment case
Employment 2019-02-01 11:17 pm By Miklos Bolza

A judge has taken Qantas to task over its defence in a Fair Work case brought by the Australian Licenced Aircraft Engineers Association union over alleged underpayments to LA-based mechanics, calling the document “extremely unhelpful”.  

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Class fights to use settlement evidence in Ethicon pelvic mesh case
Class Actions 2019-02-01 11:00 pm By Miklos Bolza

A class action against Ethicon over allegedly faulty pelvic mesh implants wants introduce confidential evidence from prior settlement negotiations as it attempts to shut down the medical device maker’s class closure application.

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Judge OKs $16.4M Cash Converters settlement, but axes scheme administrator clause
Class Actions 2019-01-31 7:51 pm By Miklos Bolza

A judge has signed off on a $16.4 million settlement of a class action against Cash Converters, but not before scrapping a clause he said tied the court’s hands by making the deal conditional on the appointment of Maurice Blackburn as scheme administrator.

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