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A new type of product claim is emerging in the Australian class action market; one which has been part of the US class action landscape for many years. Unlike previous product class actions where the safety of the product was typically in issue, the new product claims focus on statements/ representations made in the marketing of the product, and whether or not the statements/ representations contravene the misleading and deceptive conduct provisions of the Australian…
A new type of product claim is emerging in the Australian class action market; one which has been part of the US class action landscape for many years. Unlike previous product class actions where the safety of the product was typically in issue, the new product claims focus on statements/ representations made in the marketing of the product, and whether or not the statements/ representations contravene the misleading & deceptive conduct provisions of the Australian…
Australia has a long history of class action litigation. Outside of the United States, Australia has one of the most active class action markets globally. It is 25 years since the introduction of the class action regime in the Federal Court of Australia. Since its introduction, the class action regime has been used as a forum for a range of claims, including product liability claims, environmental claims, shareholder claims, complex financial product claims, investor claims…
The issue of reforming class actions for pharmaceutical claims is highlighted in this opinion piece by Partner Toby Biddle on the Vioxx litigation. This article was originally published by Pharma In Focus and is reproduced with permission. Vioxx case highlights class action difficulties A decade of litigation over MSD’s Vioxx (rofecoxib) may prompt reform around using class actions to prosecute pharmaceutical product liability cases, writes Norton Rose Fulbright partner Toby Biddle. On 26 February 2015,…