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Berger & Montague Cases

Inergy, L.P. Unitholder Litigation

Status:Settled
Practice Area(s): Corporate Governance & Shareholder Rights
Inergy announced in its recent Form 10-K filed November 16, 2011: Following the announcement of the Merger Agreement, two unitholder class action lawsuits were filed in the Court of Chancery of the State of Delaware challenging the proposed merger...

Infant Formula Antitrust Litigation

Status:Settled
Settlement Amount: $125 million
Practice Area(s): Antitrust
Berger & Montague served as co-lead counsel in an antitrust case alleging that three manufacturers of infant formula (Abbott Labs, Bristol-Myers Squibb and American Home Products) conspired to raise prices. The District Judge, Maurice M. Paul,...

Johnson v. Arizona Hospital and Healthcare Association

Status:Settled
Settlement Amount: $22.4 million
Practice Area(s): Antitrust
Berger & Montague was co-lead counsel for a class of temporary nursing personnel who allege they were harmed as a result of an unlawful agreement among Arizona hospitals to fix and suppress what the hospitals paid for such temporary work. In 2011,...

Justison v. McDonald's Corp.

Status:Settled
Settlement Amount: $2.42 million
Practice Area(s): Employment Law
The suit dates back to July 2008, when the plaintiffs lodged a complaint contending they were wrongly exempted from the FLSA for their title as assistant managers. McDonalds contended plaintiffs were exempt employees and denied plaintiffs overtime pay...

Kahn v. Sakar (Foodarama)

Status:Settled
Settlement Amount: $6.9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague represented plaintiffs in state class action over whether defendants breached fiduciary duties and N.J. Shareholders’ Protection Act in going private transaction and obtained $6.9 million settlement.

Kelly v. McKesson HBOC, Inc.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation , Securities Litigation
The Berger firm represented a group of private shareholders who sold their companies to a large publicly-held corporation in exchange for $103.5 million in stock. The case settled for a confidential sum on the eve of trial for a percentage of...

Kinam Gold, Inc.

Status:Settled
Settlement Amount: $29.2 million
Practice Area(s): Securities Litigation
On September 19, 2008, Berger & Montague reached a $29,250,000 cash settlement with Kinross Gold Corporation ("Kinross"), Kinross Gold U.S.A. ("Kinross USA"), Inc., and Kinam Gold Inc. ("Kinam") (the "Kinross Defendants") on behalf of current and...

King v. Wal-Mart Stores, Inc.

Status:Settled
Practice Area(s): ERISA & Employee Benefits
This case involved allegations that Wal-Mart and other fiduciaries of the Wal-Mart Profit Sharing and 401(k) Plan (the "Plan") breached their fiduciary duties to Plan Participants. They did so in connection with Wal-Mart's underpayment of retirement benefits to hourly employees of Wal-Mart who participated in the Plan.

KLA Tencor Securities Litigation

Status:Settled
Settlement Amount: $65 million
Practice Area(s): Securities Litigation
The firm, as a member of Plaintiffs' Counsel's Executive Committee, obtained a cash settlement of $65 million in 2009 in an action on behalf of investors against KLA-Tencor and certain of its officers and directors.

Klein v. Broadhead (Florida Power & Light

Status:Settled
Settlement Amount: $22.25 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague, as lead counsel, brought this derivative action on behalf of Florida Power & Light (FPL).

Korman v. InKine Pharmaceutrical Co., Inc.

Status:Settled
Settlement Amount: $9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague brought a state stockholder action on behalf of class members who were denied preemptive rights provided under the articles of incorporation in several securities offerings by InKine. As sole counsel, Berger & Montague secured a settlement of $9 million. The settlement provided substantial compensation for the preemptive rights denied to class members.

Linerboard Antitrust Litigation

Status:Settled
Settlement Amount: $202 million
Practice Area(s): Antitrust
Berger & Montague was one of a small group of court-appointed Executive Committee members who led this nationwide class action against producers of linerboard. The complaint alleged that the defendants conspired to reduce production of linerboard...

LNR Property Corp. Shareholders Litigation

Status:Settled
Settlement Amount: $4.9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague represented lead plaintiff as lead counsel in going private litigation and obtained $4.9 million settlement.

Lyons v. Litton Loan Servicing LP Lawsuit

Status:Settled
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague has filed a class action complaint in the United States District Court for the Southern District of New York alleging that Litton Loan Servicing LP, Ocwen Financial Corporation and Goldman Sachs Group, Inc. schemed to require their mortgage borrowers to buy force-placed insurance while taking kickbacks from the insurers.

Marchbanks Truck Service Inc., et al. v. Comdata Network, Inc., et al.

Status:Settled
Practice Area(s): Antitrust
Berger & Montague managing shareholder Eric L. Cramer and shareholder Andrew C. Curley were co-lead counsel for a Settlement Class of approximately 6,500 independent truck stops and other retail fueling facilities in a long-running antitrust lawsuit...

Martinez v. Cargill Meat Solutions Corp.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Employment Law
Berger & Montague represented a collective of employees at Cargill Meat Solutions Corp.'s Schuyler, Nebraska plant. The complaint alleged that Cargill, with the exception of the payment to some employees of a minute or two per day as a matter of...

Master Key Antitrust Litigation

Status:Settled
Settlement Amount: $21 million
Practice Area(s): Antitrust
Berger & Montague filed this antitrust suit on behalf of the City of Philadelphia and served as one of the co-lead counsel in this litigation. Plaintiffs alleged that four manufacturers of master key systems violated Section 1 of the Sherman...

Medi-Hut Co., Inc. Securities Litig. (Medi-Hut I and II)

Status:Settled
Settlement Amount: $4.9 million
Practice Area(s): Securities Litigation
This litigation involved two related class actions, both of which have been settled. The first was against Medi-Hut Co., Inc. and several of its officers, captioned In re: Medi-Hut Inc. Securities Litigation, U.S.D.C., D.N.J., No. 02-881 ("Medi-Hut...

Melridge Securities Litigation

Status:Settled
Settlement Amount: $58 million
Practice Area(s): Securities Litigation
The firm served as lead counsel and co‑trial counsel for a class of purchasers of Melridge common stock and convertible debentures. A four‑month jury trial yielded a verdict in plaintiffs' favor for $88.2 million, and judgment was entered on RICO claims...

Merrill Lynch Securities Litigation

Status:Settled
Settlement Amount: $475 million
Practice Area(s): Securities Litigation
Berger & Montague, as co-lead counsel, obtained a recovery of $475 million in 2009 for the benefit of the class in one of the largest recoveries among the recent financial crisis cases. (Civil Action No. 07-CV-09633 (S.D.N.Y.)).

Methyl Methacrylate ("MMA") Antitrust Litigation

Status:Settled
Settlement Amount: $15 million
Practice Area(s): Antitrust
Berger & Montague, as one of four court-appointed Co-Lead Counsel, recovered more than $15 million in settlements for the benefit of direct purchasers of methyl methacrylate ("MMA") and acrylic products. Defendants were the leading manufacturers of...

Metoprolol Succinate Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Antitrust
Berger & Montague was one of two Co-Lead counsel in the case on behalf of a class of wholesalers and pharmacies, alleging that AztraZeneca used a fraudulently obtained patent to block the entry of lower priced generic competitors to their brand-name prescription medication, sold under the brand name Toprol XL. The suit alleged that the anticompetitive conduct forced all purchasers to overpay for this prescription medication.

MF Global

Status:Settled
Practice Area(s): Commercial Litigation , Commodities & Options , Securities Litigation
On May 21, 2012, Berger & Montague was named co-lead counsel in this litigation. A copy of the judge's order is available for download here. On January 10, 2012, Berger & Montague filed a class action complaint on behalf of tens of thousands...

Michael Milken and Associates Securities Litigation

Status:Settled
Settlement Amount: $1.3 billion
Practice Area(s): Securities Litigation
As court-appointed liaison counsel, the firm was one of four lead counsel who structured the $1.3 billion "global" settlement of all claims pending against Michael R. Milken, over 200 present and former officers and directors of Drexel Burnham Lambert,...

Michael v. Indiana Packers Corporation

Status:Settled
Settlement Amount: $1.99 million
Practice Area(s): Employment Law
Berger & Montague represented a class of over five thousand non-exempt hourly production, maintenance and sanitation employees at Indiana Packer's Delphi, Indiana facility. The complaint alleged that Indiana Packers did not pay its employees for all required pre-production line and post-production line activities that were necessary and integral to their overall employment responsibilities. These tasks include donning and doffing required safety gear and protective equipment, cleaning and sanitizing their equipment, walking to their lockers or production line after performing compensable activities, and waiting in line to receive required tools and equipment.
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