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Berger & Montague Cases

Hyundai Shattering Sunroof Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague is investigating claims that Hyundai did nothing to protect or inform drivers about the possibility of panoramic sunroofs in certain Hyundai models spontaneously shattering.

In re Domestic Drywall Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is interim Co-Lead Counsel on behalf of a proposed class of direct purchasers of drywall, in a case alleging that the dominant manufacturers of drywall engaged in a conspiracy to fix prices of drywall in the U.S. and to abolish the industry’s long-standing practice of limiting price increases for the duration of a construction project through “job quotes.”

In re Ductile Iron Pipe Fittings (DIPF) Direct Purchaser Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents proposed classes of direct purchasers in this action alleging that Defendants engaged in anticompetitive conduct between January 2008 and the present that artificially increased prices for DIPF. Plaintiffs allege that from January 2008 through May 2009 Defendants McWane, Inc., Sigma Corporation, and Star Pipe Products, Ltd. participated in a conspiracy to fix prices for domestic and imported DIPF. Beginning in 2009, Plaintiffs allege that McWane unlawfully maintained its monopoly in the domestic DIPF market.

In re Lipitor Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. was named interim co-lead class counsel on behalf of a class of direct purchasers of the prescription drug Lipitor from Pfizer Inc. in this blockbuster antitrust class action involving alleged efforts to delay generic entry to...

In re Loestrin 24 Fe Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed Co-Lead Class Counsel in a challenge to a pay-for-delay deal for the birth control medication Loestrin 24 Fe.

In re Nexium Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed co-lead counsel in a challenge to a pay for delay deal for the billion dollar drug, Nexium.

In re Niaspan Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Class action challenging pay for delay deal concerning the brand name drug Niaspan.

In re Rail Freight Fuel Surcharge Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is counsel to a certified class of direct purchasers of rate-unregulated rail freight transportation services (i.e., freight transportation services not regulated by the federal Surface Transportation Board), who purchased those services directly from defendants Union Pacific Railway Company (“UP”), CSX, Transportation, Inc., BNSF Railway Company (“BNSF”) and Norfolk Southern Railway Company (“NS”), and who paid a stand-alone fuel surcharge imposed by the defendants on the base freight transportation rate.

In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague (along with Quinn Emanuel Urquhart and Sullivan LLP) is interim co-lead counsel in this class action on behalf of traders of gold-based derivative contracts, physical gold, and gold-based securities against The Bank of Nova Scotia, Barclays Bank plc, Deutsche Bank AG, HSBC Bank plc, Société Générale and the London Gold Market Fixing Limited.

In Re: Libor-Based Financial Instruments Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague is counsel to a proposed class of investors who transacted in Eurodollar futures contracts and options on futures contracts on the Chicago Mercantile Exchange (“CME”) between August 2007 and May 2010. The consolidated class action lawsuit, In Re: Libor-Based Financial Instruments Antitrust Litigation, alleges that the banks colluded to misreport and manipulate Libor rates, thereby harming investors in futures, swaps, and other Libor-based derivative products.

Independent Contractor Lawsuit: Roadside Service Technicians

Status:Pending
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of roadside service technicians who have been misclassified as independent contractors by their employers.

InvenSense, Inc.

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Northern District of California on behalf of all purchasers of InvenSense, Inc. (“InvenSense” or the “Company”) (NYSE: INVN) common stock between July 29, 2014 and October 28, 2014, inclusive (the “Class Period”).

Kia Shattering Sunroof Defect Lawsuit

Status:Pending
Berger & Montague has filed a class action complaint on behalf of a class of consumers who have purchased or leased a 2011- 2015 Kia vehicle equipped with a panoramic sunroof. The complaint alleges that these sunroofs have a defect that causes them to spontaneously shatter.

Lamictal Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of the prescription drug Lamictal.

Lumber Liquidators Class Action Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague, P.C., has filed consumer protection class action lawsuits against Lumber Liquidators Holdings, Inc. and several of its subsidiaries in the U.S. District Court for the Northern District of Georgia and U.S. District Court for the Eastern District of Tennessee. The lawsuits allege that the company has sold dangerously defective wood laminate flooring products and engineered wood flooring products produced in China containing unacceptably high levels of formaldehyde, a known carcinogen. Lumber Liquidators has manufactured and sold these laminate and engineered flooring products under the “Dream Home” brand name.

Maloney v. IndyMac Mortgage Services, OneWest Bank Lawsuit

Status:Pending
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague filed a class action complaint in the United States District Court for the Central District of California alleging that OneWest Financial/IndyMac Mortgage Services requires certain borrowers to purchase flood insurance in excess of what their mortgage contract and federal law requires.

Manipulative Options Trading Lawsuit

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Eastern District of Pennsylvania on behalf of all persons who held short call option positions on “in the money” call options contracts on dividend paying stocks and exchange traded funds (“ETFs”) and who were adversely affected by Defendants’ manipulation of the options markets prior to the ex-dividend date on such securities from February 6, 2010 through the present (the “Class Period”).

Marrero v. Fifth Third Bank Lawsuit

Status:Pending
Practice Area(s): Employment Law
On November 2, 2011, Berger & Montague filed a Complaint in Illinois state court alleging the Fifth Third Bancorp failed to compensate its loan officers for their overtime.

Medical Informatics Data Breach Lawsuit

Status:Pending
Berger & Montague, P.C. is investigating a data breach at Medical Informatics Engineering, Inc. (“MIE”) involving highly sensitive personal information for 3.9 million patients nationwide.

NIBCO Pex Tubing and Component Parts Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague has filed a lawsuit against NIBCO, claiming that their cross-linked polyethylene (PEX) plumbing tubes and component parts are substandard and fail earlier than consumers anticipated.

On-Line DVD Rental Antitrust Litigation

Status:Pending
Settlement Amount: $27.5 million (partial)
Practice Area(s): Antitrust
Berger & Montague is on the steering committee of plaintiffs' counsel representing a class of subscribers to Netflix and Blockbuster DVD on-line rental services. The case arises from an agreement executed in 2005 between Netflix and Wal-Mart,...

Packaged Ice Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of packaged ice, alleging that defendants engaged in a conspiracy to fix prices and allocate markets for packaged ice from January 1, 2001 through March 6, 2008. The defendants are...

PFG Best/Pergrine Futures Customer Account Class Action Lawsuit

Status:Pending
Practice Area(s): Commercial Litigation , Commodities & Options
Berger & Montague filed a class action on behalf of futures account holders of PFG Best/Peregrine, whose segregated account funds have been effectively frozen following reports of “accounting irregularities” at the futures brokerage firm and a reported suicide attempt by its founder and owner Russell R. Wasendorf, Sr.

Propane Exchange Tank Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as interim co-lead counsel representing direct purchasers of filled propane exchange tanks in a price-fixing lawsuit against the two dominant propane exchange tank manufacturers, Ferrellgas, L.P (doing business as Blue Rhino) and AmeriGas Propane, L.P.

Provigil Direct Purchaser Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of Provigil (modafinil), a prescription drug which treats sleeping disorders and is manufactured and sold by defendant Cephalon, Inc. Just prior to the expected entry of generic...
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