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The Court of Appeal set aside a term making a constructive trust subject to an accounting and awarded $100,000 in punitive damages for fiduciary misconduct.
The court allowed the appeal and sent the matter back for reconsideration, holding that judicial recourse remains available where IRSSA terms were not properly applied.
The court denied standing to those acting for the National Administration Committee in an RFD about Blott DNQ files, finding the IRSSA’s cost veto could be engaged.
The court held that the Beardy decision did not bar an Article 12 application under the IRSSA, but imposed a peremptory deadline for filings and hearing.
The court dismissed appeals from rejected breast-implant settlement claims, holding that surgeon recollection and general-practice letters were not acceptable PID.
Application to oppose confirmation of a Referee’s decision was dismissed because the claimant had received Rh Immune Globulin, not “blood” as defined by the settlement.
The court dismissed an application to oppose confirmation of a Referee’s decision under the HCV settlement, holding that Article 3.04(2) could not override a mandatory rejection under Article 3.04(1).
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