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Fitch settles investor class action over credit ratings on toxic SCDOs
Exclusive 2019-07-19 10:56 am By Christine Caulfield

Fitch Ratings has agreed to settle the last of the investor class actions in Australia flowing from the global financial crisis, a court heard Friday.

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Claims of stolen docs at heart of new suit against Pfizer over vaccine patent
Intellectual Property 2019-07-16 9:48 pm By Miklos Bolza

Merck Sharp & Dohme has claimed ownership of a Pfizer patent related to the blockbuster Prevnar 13 vaccine, after a doctor who moved between the pharmaceutical companies and is listed as an author on the patent allegedly accessed confidential Merck documents before jumping ship to Pfizer.

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Subpoena not a ‘garden party invitation’: judge in pelvic mesh class action warns doctor groups
Class Actions 2019-07-16 8:05 pm By Amelia Birnie

A judge overseeing the pelvic mesh class action against Johnson & Johnson subsidiary Ethicon has questioned why three doctor’s professional bodies tried to negotiate court orders requiring them to hand over their member lists, agreeing the supboena was “not a garden party invitation”.

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IOOF CFO slams disqualification case as ‘egregious’ example of impulsive enforcement
Financial Services 2019-07-16 5:12 pm By Amelia Birnie

Lawyers for IOOF chief financial officer David Coulter have dismissed APRA’s allegations that he breached his superannuation duties as commercially “naïve”, “absolutely desperate” and a “most egregious example” of impulsive regulatory enforcement action.

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Chris Gayle defeats defamation appeal by publishers despite lawyer going ‘too far’ at trial
Appeals 2019-07-16 4:52 pm By Miklos Bolza

The publishers of the Sydney Morning Herald, The Age and The Canberra Times have lost an appeal of a $300,000 defamation award to cricketer Chris Gayle, despite the appeals court finding Gayle’s barrister had gone “too far” in his submissions to the jury.

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Merck Sharp & Dohme loses key battle in trade mark case ahead of trial
Intellectual Property 2019-07-15 8:51 pm By Miklos Bolza

A court has barred US drug company Merck Sharp & Dohme from denying that an agreement made with German pharmaceutical company Merck KGaA was governed by German law, settling a key question before a trade mark case between the two drug giants goes to trial.

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Former Dick Smith execs may seek to vacate trial date if cross claims filed
Class Actions 2019-07-12 9:18 pm By Amelia Birnie

Two former executives of Dick Smith may seek to vacate an upcoming trial date for two class actions against the failed retailer, after recently being hit with cross claims by the company’s former auditor, Deloitte.

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Garuda may face contempt motion for ‘unthinkable’ failure to pay $19M cartel fine
Competition & Consumer Protection 2019-07-12 9:00 pm By Miklos Bolza

Indonesian national airline Garuda faces a possible contempt motion by the competition regulator for failing to pay a $19 million court-issued fine after it was found guilty of air cargo price-fixing, a failure a judge called “almost unthinkable”.

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‘Stalinist’ APRA deterring ‘good people’ from super industry, ex-IOOF directors say
Financial Services 2019-07-12 8:08 pm By Amelia Birnie

The former directors of troubled fund manager IOOF have slammed APRA for bringing a “truly hopeless” disqualification case against them, telling a court the prudential regulator’s “Stalinist” approach was deterring “good people and good companies” from participating in the superannuation industry.

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Piper Alderman’s $3.5M legal bill for running KPMG class action in limbo
Class Actions 2019-07-12 1:37 pm By Miklos Bolza

A judge has refused to approve Piper Alderman’s $3.5 million in legal fees charged for running a class action against KPMG, appointing Grant Thornton as contradictor and giving the auditor the ability to seek assistance from the court for any future disputes about the controversial bill.

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