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Berger & Montague Cases

Carbon Dioxide Antitrust Litigation

Status:Settled
Settlement Amount: $53 million
Practice Area(s): Antitrust
Berger & Montague was Co-Trial Counsel in this antitrust class action which settled with the last defendant days prior to trial for total settlements approximating $53 million, plus injunctive relief.

Cardizem CD Antitrust Litigation

Status:Settled
Settlement Amount: $110 million
Practice Area(s): Antitrust
On November 26, 2002, the U.S. District Court for the Eastern District of Michigan approved a final settlement of this case in which both defendants, Aventis Pharmaceuticals and Andrx Pharmaceuticals, agreed to pay the previously certified class of...

Carreker Corporation Securities Litigation

Status:Settled
Settlement Amount: $5.25 million
Practice Area(s): Securities Litigation
Berger & Montague filed a class action suit against Carreker Corporation ("Carreker" or the "Company") and certain of its officers, on behalf of all persons or entities who purchased Carreker common stock from July 30, 1999 to December 10, 2002 (the...

Catfish Antitrust Litigation

Status:Settled
Settlement Amount: $27 million
Practice Area(s): Antitrust
The firm was co-trial counsel in this action which settled with the last defendant a week before trial, for total settlements approximating $27 million.

CertainTeed Fiber Cement Siding Litigation

Status:Settled
Settlement Amount: $103 million
Practice Area(s): Consumer Protection
Berger & Montague, as co-lead counsel, represents a nationwide class of consumers who purchased CertainTeed Fiber Cement WeatherBoard siding or a home or structure with the siding pre-installed. The Class alleges that CertainTeed's siding is defective in that it prematurely cracks, gaps, warps, and peels away from the structure despite being warranted and represented to last for 50 years.

Chabrier v. Wilmington Finance, Inc.

Status:Settled
Settlement Amount: $2.9 million
Practice Area(s): Employment Law
The firm served as co-lead counsel and obtained a settlement of $2,925,000 on behalf of loan officers who worked in four offices of to resolve claims for unpaid overtime wages. A significant opinion issued in the case is Chabrier v. Wilmington Finance,...

CIGNA Corp Securities Litigation

Status:Settled
Settlement Amount: $93 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a settlement of $93 million for the benefit of bond and stock purchaser classes.

Citibank and CitiMortgage Force-Placed Insurance Litigation

Status:Settled
Settlement Amount: $122 million
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague is Co-Lead Class Counsel of a nationwide class action settlement in the United States District Court for the Northern District of New York that alleged that Citibank, N.A. and CitiMortgage, Inc. schemed to require certain borrowers to purchase flood insurance in excess of what their mortgage contract and federal law requires.

Citizens Bank Force Place Flood Insurance Litigation

Status:Settled
Settlement Amount: $1.5 million
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 District of Rhode Island alleging that Citizens Bank requires certain borrowers to purchase flood insurance in excess of what their mortgage contract and...

Coluccio v. U.S. Remodelers, Inc. Lawsuit

Status:Settled
Practice Area(s): Employment Law
On February 24, 2009, Berger & Montague, P.C. filed a collective action and class action complaint in the United States District Court for the District of New Jersey pursuant to the Fair Labor Standards Act ("FLSA") and the New Jersey Wage and Hour...

Concord Camera Corp.

Status:Settled
Settlement Amount: $2 million
Practice Area(s): Securities Litigation
Berger & Montague, P.C. served as lead counsel in a securities class action filed in the United States District Court for the Southern District of Florida against defendant Concord Camera Corp. ("Concord") and several of its officers seeking damages...

Cook v. Rockwell International Corporation

Status:Settled
Practice Area(s): Environmental & Mass Tort
Plaintiffs allege that Rocky Flats, a former nuclear weapons facility formerly operated by Dow Chemical Co. and Rockwell International Corp., dispersed plutonium and contaminated 30 square miles of property around the facility. Plaintiffs pursued claims of trespass and nuisance claims under Colorado state law and the federal Price-Anderson Act, passed in 1957 and relating to nuclear power and the hazards of radioactive materials.

Corrugated Container Antitrust Litigation

Status:Settled
Settlement Amount: $366 million
Practice Area(s): Antitrust
Berger & Montague played a significant role participating as Co-Lead and Co-Trial Counsel in this landmark class action on behalf of nationwide classes of purchasers of corrugated boxes and sheets from 37 manufacturer/defendants. The litigation...

Cortez v. Nebraska Beef

Status:Settled
Settlement Amount: $3.9 million
Berger & Montague represents a class of employees at Nebraska Beef's beef processing plant in their lawsuit alleging that the employer failed to pay them for all pre- and post-shift time spent donning, doffing and washing personal protective equipment. The claim also includes time spent donning and doffing the equipment during the employees' unpaid lunch period.

Countrywide Financial Corp. Customer Data Security Breach Litigation

Status:Settled
Practice Area(s): Consumer Protection
Berger & Montague served on the Executive Committee of this multidistrict litigation. In August 2008, it was learned that a senior financial advisor formerly employed by Countrywide stole confidential information of millions of consumers from...

Crawford v. Philadelphia Hotel Operating Co.

Status:Settled
Practice Area(s): Consumer Protection
The firm served as co-lead counsel and obtained a settlement in 2005 whereby persons who contracted food poisoning at a business convention at the hotel recovered $1,500 each. Plaintiff filed her Class Action Complaint on March 1, 2004. The Complaint...

Creative Dimensions and Management, Inc. v. Thomas Group, Inc.

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague defended this case against a claim for $30 million for breach of contract. The jury rendered a verdict in favor of Berger & Montague's client on the claim (i.e., $0), and a verdict for the full amount of Berger &...

Currency Conversion Fee Antitrust Litigation

Status:Settled
Settlement Amount: $336 million
Practice Area(s): Antitrust
This action was brought on behalf of a class of United States holders of Visa, MasterCard, and Diners Club credit or charge cards who incurred fees on credit card transactions in a foreign currency or with a foreign merchant. The class action alleges that the defendants conspired to artificially set and inflate currency conversion fees United States cardholders incur each time they use their cards in foreign currency transactions or with a foreign merchant. The action also alleges that defendants violated their disclosure obligations under Truth In Lending Act to disguise these fixed conversion fees from cardholders.

DDAVP Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $20.25 million
Practice Area(s): Antitrust
Berger & Montague was Co-Lead Counsel for a class of direct purchasers of the tablet form of DDAVP, an anti-diuretic drug used to treat excessive urination. The defendants, Ferring B.V., Ferring Pharmaceuticals, Inc. and Aventis Pharmaceuticals,...

Diebold v. Northern Trust Investments, N.A.

Status:Settled
Settlement Amount: 36000000
Practice Area(s): ERISA & Employee Benefits
The lawsuit alleges that the Northern Trust Defendants engaged in breaches of fiduciary duties established by the Employee Retirement Income Security Act of 1974 ("ERISA"), as well as other ERISA violations, when they recklessly engaged in "securities lending" for their own benefit. They did so in a manner that involved imprudent and unreasonable risk of loss to the 401(k) and pension plans whose funds they managed in the Collective Trusts. The complaint alleges that the 401(k) and pension plans suffered large financial losses as a result of these securities lending practices.

Dodona I, LLC v. Goldman, Sachs & Co.

Status:Settled
Practice Area(s): Securities Litigation
This matter is a securities class action brought against Goldman, Sachs & Co., The Goldman Sachs Group, Inc., Hudson Mezzanine Funding 2006-1, Ltd., Hudson Mezzanine Funding 2006-1, Corp., Hudson Mezzanine Funding 2006-2, Ltd., Hudson Mezzanine...

Douglas v. First Student, Inc.

Status:Settled
Practice Area(s): Employment Law
On July 31, 2009, Berger & Montague, P.C. filed a collective action and class action complaint in the United States District Court for the Eastern District of Arkansas pursuant to the Fair Labor Standards Act ("FLSA") and the Arkansas Minimum Wage Act ("AMWA"), on behalf of "all persons employed by First Student, Inc. as drivers and/or dispatchers at its terminal in Little Rock, Arkansas at any time from August 1, 2006 to the present."

Drayton v. Pilgrim's Pride Corp.

Status:Settled
Practice Area(s): Environmental & Mass Tort
The firm served as counsel in a consolidation of wrongful death and other catastrophic injury cases brought against two manufacturers of turkey products, arising out of a 2002 outbreak of Listeria Monocytogenes in the Northeastern United States, which...

Educational Testing Service Praxis Principles of Learning and Teaching Grades 7-12

Status:Settled
Settlement Amount: $11.1 million
Practice Area(s): Consumer Protection
Berger & Montague served on the plaintiffs' steering committee and obtained an $11.1 million settlement in 2006 on behalf of persons who were incorrectly scored on a teacher's licensing exam. Plaintiffs alleged that Educational Testing Service...

Elan Corp.

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Securities Litigation
Berger & Montague announced on October 27, 2008 that a class action lawsuit was filed in the United States District Court of New York on behalf of all purchasers of American Depository Shares (evidenced by American Depository Receipts) of Elan Corporation PLC (“Elan” or the “Company”) and all purchasers of options to purchase Elan securities during the period of June 17, 2008 through July 29, 2008 (the “Class Period”) charging Elan and certain of its principal officers and directors with violations of the federal securities laws.
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