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Berger & Montague Cases

Pennsylvania Public School Employees' Retirement System v. Time Warner, Inc.

Status:Settled
Settlement Amount: $23 million
Practice Area(s): Securities Litigation
The Berger firm represented a group of pension funds seeking to recover for losses on their investments in AOL/Time Warner common stock. The case settled for $23 million.

Pet Foods Product Liability Litigation

Status:Settled
Settlement Amount: $24 million
Practice Area(s): Consumer Protection
The firm is one of plaintiffs' co-lead counsel in this multidistrict class action suit seeking to redress the harm resulting from the manufacture and sale of contaminated dog and cat food. Certain defendants recalled wheat gluten and/or rice protein...

Platinol Antitrust Litigation

Status:Settled
Settlement Amount: $50 million
Practice Area(s): Antitrust
North Shore Hematology/Oncology Associates brought this antitrust class action on behalf of itself and a class of direct purchasers of the cancer drug Platinol. Platinol is the brand-name version of the generic drug cisplatin. North Shore Hematology...

Premiere Technologies, Inc. Securities Litigation

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a class settlement of over $20 million in combination of cash and common stock

Provident American Corp. and Provident Indemnity Life Insurance Company v. The Loewen Group, Inc. and Loewen Group International, Inc.

Status:Settled
Settlement Amount: $30 million
Practice Area(s): Commercial Litigation
Berger & Montague settled this individual claim, alleging a 10-year oral contract (despite six subsequent writings attempting to reduce terms to writing, each with materially different terms added, all of which were not signed), for a combined...

PSINet, Inc. Securities Litigation

Status:Settled
Settlement Amount: $17.8 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a settlement of $17.83 million on behalf of investors.

Puerto Rico Cabotage Antitrust Litigation

Status:Settled
Settlement Amount: $52.25 million
Practice Area(s): Antitrust
Berger & Montague served as a court-appointed member of the Plaintiffs' Steering Committee in this case brought on behalf of a proposed class of direct purchasers of ocean shipping services between the United States and Puerto Rico, from the period...

Red Eagle Resources Corp., Inc. v. Baker Hughes, Inc.

Status:Settled
Settlement Amount: $52.5 million
Practice Area(s): Antitrust
The firm was a member of the plaintiffs' executive committee in this antitrust class action over drill bits which yielded a settlement of $52.5 million.

Relafen Antitrust Litigation

Status:Settled
Settlement Amount: $175 million
Practice Area(s): Antitrust
Berger & Montague was one of a small group of firms who prepared for the trial of this nationwide class action against GlaxoSmithKline, which was alleged to have used fraudulently-procured patents to block competitors from marketing less-expensive...

Remeron Antitrust Litigation

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Antitrust
Berger & Montague was one of a small group of firms alleging that the manufacturer of this drug was paying its competitors to refrain from introducing less expensive generic versions of Remeron.

Richards v. RBS Citizens, N.A.

Status:Settled
Settlement Amount: $1.5 million
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
The firm filed a class action complaint in the United States District Court for the District of Rhode Island alleging RBS Citizens, N.A., d/b/a CCO Mortgage, Citizens Bank, and Charter One (collectively "Citizens Bank"), requires certain borrowers to purchase flood insurance in excess of what their mortgage contract and federal law require.

Rite Aid Corp Securities Litigation

Status:Settled
Settlement Amount: $334 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained settlements totaling $334 million against Rite Aid's outside accounting firm and certain of the company's former officers.

RJR Nabisco Securities Litigation

Status:Settled
Settlement Amount: $72 million
Practice Area(s): Securities Litigation
In this action, Berger & Montague represented individuals who sold RJR Nabisco securities prior to the announcement of a corporate change of control. This securities case settled for $72 million.

Robert S. Spencer, et al. v. The Arden Group, Inc., et al.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague represented an owner of limited partnership interests in several commercial real estate partnerships in a lawsuit against the partnerships' general partner. The terms of the settlement are subject to a confidentiality agreement....

Rochester Drug Co-Operative, Inc. v. Braintree Laboratories, Inc.

Status:Settled
Settlement Amount: $17.25 million
Practice Area(s): Antitrust
Berger and Montague served as co-lead counsel representing a certified class of direct purchasers of the drug Miralax. Plaintiffs alleged that Braintree Laboratories, Inc. unlawfully acquired and maintained monopoly power over a prescription drug known...

Ross v. American Express Co.

Status:Settled
Practice Area(s): Antitrust
Berger & Montague represented cardholders in a related case to In re Currency Conversion Fee Antitrust Litigation ("CCF I"), MDL No. 1409, Master File No. M21-95 (S.D.N.Y.) (Pauley, J.), in the same court. The lawsuit concerned the fees that...

Ross v. Bank of America

Status:Settled
Practice Area(s): Antitrust
The lawsuit alleges that six major credit card banks, and one arbitration provider, unlawfully colluded to require cardholders to arbitrate disputes, including debt collections, and to preclude cardholders from participating in any class actions. ...

Rossdeutscher v. Viacom

Status:Settled
Settlement Amount: $14.2 million
Practice Area(s): Corporate Governance & Shareholder Rights , Securities Litigation
The firm, as lead counsel, obtained a settlement resulting in a fund of $14.25 million for the class. The Complaint alleged that defendant Viacom artificially inflated its stock price to avoid paying the CVR/VCR holders the full amount of consideration to which they were entitled.

Safety-Kleen Corp. Securities Litigation

Status:Settled
Settlement Amount: $45 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a class settlement in the amount of $45 million against Safety-Kleen's outside accounting firm and certain of the Company's officers and directors. The final settlement was obtained 2 business days before the...

Salcido v. Cargill Meat Solutions Corp.

Status:Settled
Settlement Amount: $7.5 million
Practice Area(s): Employment Law
The firm served as co-lead counsel and obtained a settlement of $7.5 million on behalf of a class of thousands of employees of Cargill Meat Solutions Corp. alleging that they were forced to work off-the-clock and during their breaks. This is one of the...

Salvucci v. Volkswage of America, Inc. d/b/a Audi of America, Inc.

Status:Settled
Settlement Amount: $2 million
Practice Area(s): Consumer Protection
The firm served as co-lead counsel in litigation brought on behalf of a nationwide class under the New Jersey Consumer Fraud Act, N.J.S.A. §56:8-1 et seq. The case involved 1997-1999 Audi A4 vehicles equipped with 1.8 liter turbocharged engines. The...

Savitskie v. Zenta Mortgage Services, LLC

Status:Settled
Settlement Amount: $1 million
Practice Area(s): Employment Law
Berger & Montague represents Joseph Savitskie in a collective action lawsuit filed on March 14, 2011 on behalf of current and former Zenta mortgage underwriters.

School Asbestos Litigation

Status:Settled
Settlement Amount: $215 million
Practice Area(s): Environmental & Mass Tort
As co-lead counsel, the firm successfully litigated a case in which a nationwide class of elementary and secondary schools and school districts suffering property damage as a result of asbestos in their buildings were provided relief. Pursuant to an...

Sepracor Inc. Securities Litigation

Status:Settled
Settlement Amount: $52.5 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a settlement of $52.5 million for the benefit of bond and stock purchaser classes.

SEPTA 30th Street Station Subway/Elevated Crash Class Action

Status:Settled
Settlement Amount: $3.03 million
Practice Area(s): Environmental & Mass Tort
Berger & Montague represented a class of 220 persons asserting injury in a subway crash. Despite a statutory cap of $1 million on damages recovery from the public carrier, and despite a finding of sole fault of the public carrier in the...
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