Kennedy’s expertise in resolving product liability claims extends from simple, non-litigated claims through to complicated, multi-party litigation and class actions.
We have achieved outstanding results in product liability matters for insurers and large corporate risk carriers.
Our lawyers experience in class actions is vast, including the high profile Upjohn Depo-Medrol litigation and Thalidomide birth defect cases.
Notably, we represent insurers in several current high profile class actions resulting from the global financial crisis. These include:
Work highlights
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Cadbury, where we expertly advised on management of product recalls and potential class actions following removal of chocolate bars from sale due to contaminants.
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Energy Australia in mooted class actions against it and other bodies (including Sydney Water) in relation to the water contamination incident caused by cryptosporidium.
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Oyster growers and distributors in proceedings which alleged contamination of oysters from Wallis Lake. We took a proactive approach, early, gathering growers and distributors to formulate consistent defences and obtain expert valuation evidence. Kennedys resolved this matter favourably at mediation.
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Insurers of a lifeboat manufacturer after death of four sailors in the 1998 Sydney to Hobart Yacht Race. We contested the Court’s jurisdiction to determine the case and forced the plaintiff to run a forum argument. We secured early release of the insured from proceedings for a mere 5 percent of its potential liability.
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An international pharmaceutical company in a Supreme Court action relating to defective clinical trials of drugs. The case involved around 160 plaintiff actions. We resolved the claim at no cost to our client by first resisting an order of proceedings to be consolidated into a class action, meaning plaintiffs had to particularise 160 separate claims. Then, resisted extension of time applications on the basis of prejudice.