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New evidentiary tool on cards as 7-Eleven class action judge hears first ever oral discovery bid
Class Actions 2021-02-19 4:07 pm By Miklos Bolza

A Federal Court judge overseeing two franchisee class actions against 7-Eleven has heard a landmark application for pre-trial oral discovery that could create another tool for lawyers to source evidence otherwise blocked by confidentiality agreements.

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Amazon computer patent ‘nothing more than a scheme’, IP Australia says
Intellectual Property 2021-02-18 5:10 pm By Miklos Bolza

IP Australia has rejected e-commerce giant Amazon’s patent application for a method of allocating resources in virtual computers, finding the patent’s claims were “nothing more than a scheme for scheduling work” and were not a manner of manufacture.

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44-count indictment filed in ANZ criminal cartel case
Competition & Consumer Protection 2021-02-18 2:57 pm By Spencer Fowler Steen

Forty-four charges have been outlined in a long-awaited indictment in a criminal cartel case over a $2.5 billion ANZ share placement, including 29 charges against top executives from ANZ, Deutsche Bank and Citigroup.

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Class actions can’t pursue insurance brokers to boost Quintis settlement, court hears
Class Actions 2021-02-18 1:45 pm By Miklos Bolza

Two insurance brokers have dodged being dragged into class action proceedings against sandalwood producer Quintis to boost a settlement reached last year, as a fight over insurance owed to the company to cover the settlement continues.

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Settlement attempts in GetSwift class action like flogging a dead horse, court hears
Class Actions 2021-02-17 3:17 pm By Miklos Bolza

Further attempts to settle a securities class action against last mile logistics software firm GetSwift would be like flogging a dead horse, a judge has heard as the matter works its way towards a final hearing.

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CBA cops to misleading customers on more than 12,000 occasions
Financial Services 2021-02-16 6:05 pm By Spencer Fowler Steen

Commonwealth Bank of Australia could be on the hook for a large penalty after the court found the bank engaged in misleading and deceptive conduct and violated its financial services obligations on more than 12,000 occasions by overcharging customers more than $2.2 million in interest.

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PwC takes swipe at class action over $50M bond prospectus
Class Actions 2021-02-16 5:30 pm By Cat Fredenburgh

PricewaterhouseCoopers is looking to shut down a class action by irate bondholders of collapsed asset finance lender Axsesstoday Limited over alleged misrepresentations in a $50 million bond offer.

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Full Court hears government’s $325M fight with Sanofi over ban on Plavix generic
Intellectual Property 2021-02-16 4:13 pm By Miklos Bolza

Pharmaceutical companies Sanofi and Bristol-Myers Squibb are liable for losses to the federal government for excess subsidies it allegedly paid for the blood-thinner Plavix after an unjustified court injunction prevented the release of a generic version of the top-selling drug, an appeals court has heard.

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$37.75M settlement reached in Estia Health class action
Class Actions 2021-02-16 12:48 pm By Cat Fredenburgh

A $37.75 million settlement has been reached in a shareholder class action against Estia Health that accused the aged care provider of failing to disclose difficulties in its 2015 and 2016 acquisition strategy.

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Merck Sharpe & Dohme sues Sandoz to block Januvia generic
Intellectual Property 2021-02-15 9:43 pm By Spencer Fowler Steen

US pharmaceutical giant Merck Sharp & Dohme has taken Sandoz to court for allegedly threatening to infringe the patent for its multibillion-dollar diabetes drugs Janumet and Januvia.

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