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After drawing scrutiny from judge, toxic foam class action funding structure revealed
Product Liability 2019-04-23 10:41 pm By Christine Caulfield

The sought-after commission at the centre of an unsuccessful common fund application in a class action over the use of toxic foam at a RAAF base near Katherine, NT has been revealed as 15% of any gross recovery in the case plus up to three and a half times the funder’s costs.

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Common fund bid in toxic foam class action dismissed after applicant bristles at more scrutiny
Class Actions 2019-04-12 11:36 pm By Christine Caulfield

A judge has tossed an application for a common fund order in a class action over the use of toxic foam on a RAAF base near Katherine, NT after a barrister for the lead applicants said the bid would be withdrawn if the judge appointed an independent “contradictor” to scrutinise the proposed funding structure.

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Generics attack validity of Neurim insomnia drug patent
Intellectual Property 2019-04-05 8:28 pm By Miklos Bolza

Two generic pharmaceutical companies, Generic Partners and Apotex, have filed cross-claims alleging that Neurim Pharmaceuticals’ patent for its insomnia drug Circadin is invalid and should be revoked.

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Judge ‘uncomfortable’ with common fund order in toxic foam class actions
Class Actions 2019-04-03 5:21 pm By Miklos Bolza

A judge overseeing three toxic foam class actions against the Commonwealth of Australia has said he’s not comfortable approving a common fund order which does not detail specific remuneration amounts for funder IMF Bentham.

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Neurim wins fight to amend patent for top-selling Circadin amid infringement case
Intellectual Property 2019-02-19 7:35 pm By Christine Caulfield

Drug maker Neurim Pharmaceuticals has won a bid to amend its Australian patent for top selling sleeping pill Circadin over the protests of two generic pharmaceutical companies, whch argued Neurim had purposely delayed the application to gain an unfair advantage in its infringement suit.

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ASIC asks High Court to clarify meaning of ‘officer’
Corporate 2019-01-16 9:58 pm By Miklos Bolza

ASIC is seeking approval from the High Court to appeal a judgment that let a former director of Gold Coast finance company MFS Group partially off the hook for $147.5 million in misappropriated funds, saying the High Court needs to clarify the scope of the word “officer” under the Corporations Act.

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Toxic foam class action not time-barred, court hears
Class Actions 2019-01-10 10:36 pm By Cat Fredenburgh

The applicants in a class action over exposure to allegedly toxic foam used on a government military base have struck back at the Commonwealth of Australia’s argument that their claims were filed too late.

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MFS execs lose appeal over $147.5M in misused funds
Financial Services 2018-12-18 5:56 pm By Miklos Bolza

Three former executives of failed Gold Coast finance company MFS Group have lost their challenge to a ruling that they misappropriated $147.5 million in funds prior to the company’s collapse.

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Neurim fights to amend Circadin patent amid infringement case against generics
Intellectual Property 2018-11-12 9:19 pm By Miklos Bolza

Drug maker Neurim Pharmaceuticals is battling to amend its Australian patent for the blockbuster sleeping pill Circadin over opposition from two generic pharmaceutical companies, which have accused Neurim of attempting to gain an unfair advantage by delaying the amendment bid until now.

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Privilege not waived by DLA Piper phone call over Circadin patent
Intellectual Property 2018-07-27 11:03 pm By Christine Caulfield

Two generic drug makers have lost their bid for confidential documents related to Neurim Pharmaceuticals’ patents covering sleep drug Circadin, with a court ruling legal professional privilege was waived in a phone conversation between a DLA Piper lawyer and the company’s founder.

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