A judge has set aside subpoenas in a class action against Mercedes-Benz over alleged emissions cheating seeking material to identify group members and clarify the composition of the class, finding they were not issued for a legitimate forensic purpose.
A law firm that lost a contest to run a class action against Toyota unit Hino has appealed a decision to give the case to a larger rival based on past experience, saying the ruling would act as a deterrent to smaller firms wanting to enter the market for group proceedings.
A judge has awarded carriage of a class action against Toyota unit Hino to Maurice Blackburn, finding that the law firm’s experience and resources trumped those of small personal injury firm Gerard Malouf & Partners, despite its alliance with a large US firm.
A judge has told the law firm that has taken over a class action against Philips Electronics over recalled sleep apnea machines to take its time when amending the pleading, which he said was not the “finest piece of work” he’d ever seen.
Personal injury law firm Gerard Malouf & Partners has hit back at Maurice Blackburn’s challenge to its class action experience in a fight for carriage of a class action against a Toyota unit, saying the top US firm it has partnered with to run the case trumped the major Australian plaintiff firm “on every conceivable dimension”.
A class action against Philips Electronics over recalled sleep apnea machines is likely to proceed with a new lead applicant and law firm after the solicitor on record decided the case was not viable.
The runner-up in a contest to administer Johnson & Johnson’s $300 million settlement of two pelvic mesh class actions has lost a challenge to a decision awarding the prize to the team of Slater & Gordon, BDO and the firm of former Shine Lawyers solicitor Jan Saddler.
Class actions throw up all manner of ethical conundrums, but a recent Federal Court decision has shined a light on the question of whether funders and law firms should take out loans to run class actions and whether they can charge the costs to group members.
Despite a judge’s complaint that class action costs are generally “out of control”, the law firm that secured a $192.5 million settlement and earned about $25 million in fees in the Montara oil spill case has won approval for more fees — these ones incurred in a hearing to determine how the settlement spoils should be divided.
Three years on from their debut, group costs orders — which entitle law firms to a percentage of any recovery in class actions — have raised a host of novel issues that are keeping lawyers and the court busy.