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Berger & Montague Cases

Sheppard v. Weatherford International, LLC Lawsuit

Status:Settled
Practice Area(s): Employment Law
Class action and collective action filed against Weatherford International, LLC f/k/a Weatherford International, Inc. and Precision Energy Services, Inc. on behalf of employees who were paid a salary plus day rate, alleging that Weatherford and Precision's overtime pay policy violated the FLSA and state law.

Silver v. UICI

Status:Settled
Settlement Amount: $16 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a settlement resulting in a fund of $16 million for the class.

Smith v. United American

Status:Settled
Settlement Amount: $30 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this multi-state class action against United American Insurance Company, Farm & Ranch Healthcare, Inc. and Heartland Alliance of America Association concerning the allegedly...

Sotheby's Holding, Inc. Securities Litigation

Status:Settled
Settlement Amount: $70 million
Practice Area(s): Securities Litigation
The firm, as lead counsel obtained a $70 million settlement, of which $30 million was contributed, personally, by an individual defendant

Spencer v. Hartford Financial Services Group, Inc.

Status:Settled
Settlement Amount: $72.5 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this national class action against The Hartford Financial Services Group, Inc. and its affiliates in the United States District Court for the District of Connecticut (Spencer v. Hartford...

State of California v. Schering-Plough Corporation

Status:Settled
Settlement Amount: $21.3 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
On December 17, 2009, Schering-Plough Corporation (now known as Merck & Co.) agreed to pay $21.3 million to settle qui tam allegations that it knowingly inflated the prices of its drugs, causing California's Medicaid Program, Medi-Cal, to overpay...

State of Connecticut Tobacco Litigation

Status:Settled
Settlement Amount: $3.6 billion
Practice Area(s): Consumer Protection
Berger & Montague was one of three firms to represent the State of Connecticut in a separate action in state court against the tobacco companies. The case was litigated separate from the coordinated nationwide actions. Although eventually...

State of Florida v. Dey

Status:Settled
Settlement Amount: $6.5 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
The State of Florida recently settled a whistleblower case against three pharmaceutical manufacturers and their corporate affiliates. The case, which was originally filed by a whistleblower represented by the Whistleblower / Qui Tam Group, involved...

Sunbeam Inc. Securities Litigation

Status:Settled
Settlement Amount: $141 million
Practice Area(s): Securities Litigation
As co-lead counsel, the firm obtained a settlement on behalf of investors of $141 million in the action against Sunbeam's outside accounting firm and Sunbeam's officers.

Terazosin Hydrochloride Antitrust Litigation

Status:Settled
Settlement Amount: $74 million
Practice Area(s): Antitrust
Berger & Montague served as a member of the Executive Committee representing a class of direct purchasers of the brand-name drug Hytrin, a prescription drug used to treat hypertension. Plaintiffs alleged that Abbott entered into separate agreements...

TFT-LCD (Flat Panel) Antitrust Litigation

Status:Settled
Settlement Amount: $473 million
Practice Area(s): Antitrust
Berger & Montague, P.C. served on the Plaintiffs' executive committee in In re TFT-LCD Antitrust Litigation, a class action lawsuit against the world's leading manufacturers of Thin Film Transistor Liquid Crystal Displays (TFT-LCDs) and products...

The City of Hialeah Employees' Retirement System v. Toll Brothers Inc.

Status:Settled
Settlement Amount: $25 million
Practice Area(s): Securities Litigation
Plaintiffs alleged Defendant Toll Brothers Inc. made misleading statements between December 2004 and November 2005 regarding its current and future conditions and failed to disclose adverse developments that were negatively affecting the business. ...

The Drexel Burnham Lambert Group, Inc.

Status:Settled
Settlement Amount: $2 billion
Practice Area(s): Securities Litigation
The firm was appointed co-counsel for a mandatory non-opt-out class consisting of all claimants who had filed billions of dollars in securities litigation-related proofs of claim against The Drexel Burnham Lambert Group, Inc. and/or its subsidiaries....

The Goodyear Tire and Rubber Co. "ERISA" Litigation

Status:Settled
Practice Area(s): ERISA & Employee Benefits
This action asserted that during the Class Period (beginning April 15, 1998) Goodyear and the fiduciaries charged with responsibility for Goodyear's 401(k) Plan failed prudently and loyally to manage the Plan in the best interests of the Plan and the...

The JPMorgan Chase Force-Placed Flood Insurance Litigation

Status:Settled
Settlement Amount: $22.1 million
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague is co-lead counsel in this litigation against JPMorgan Chase Bank, N.A. ("Chase"). On December 17, 2013, the parties moved for preliminary approval of a nationwide class action settlement in the United States District Court for...

Thomas v. Allis-Chalmers Energy, Inc. and AirComp, LLC Lawsuit

Status:Settled
Practice Area(s): Employment Law
On November 30, 2010, Plaintiff Floyd W. Thomas, Jr. filed a complaint against Allis-Chalmers Energy, Inc. and Seawell Limited in the United States District Court for the Western District of Pennsylvania. On February 25, 2011, Plaintiff filed a First...

Three Mile Island Litigation

Status:Settled
Settlement Amount: $25 million
Practice Area(s): Environmental & Mass Tort
As lead/liaison counsel, the firm successfully litigated the case and reached a settlement in 1981 of $25 million in favor of individuals, corporations and other entities suffering property damage as a result of the nuclear incident involved

TJX Companies Retail Security Breach Litigation

Status:Settled
Settlement Amount: $200 million
Practice Area(s): Consumer Protection
In 2007, Berger & Montague filed a class action suit on behalf of all consumers in the United States whose personal and financial data were stolen by computer hackers from the computer network of TJX Companies, Inc. (TJX). Berger & Montague was...

T-Mobile Sidekick Litigation

Status:Settled
Practice Area(s): Consumer Protection
Class action for disruption of service and loss of electronic data including photos, contacts, calendar entries, etc.

Tricor Antitrust Litigation

Status:Settled
Settlement Amount: $250 million
Practice Area(s): Antitrust
Berger & Montague represented a Class of pharmaceutical wholesalers and pharmacies, charging Abbott Laboratories and Fournier Industrie et Sante, two brand-name pharmaceutical companies, with monopolizing the market for the cholesterol drug Tricor...

U.F.C.W. Local 56 v. Campbell Soup

Status:Settled
Settlement Amount: $114.5 million
Practice Area(s): ERISA & Employee Benefits
The firm represented a class of retired Campbell Soup employees in an ERISA class action to preserve and restore retiree medical benefits. A settlement yielded benefits to the class valued at $114.5 million.

U.S. ex rel. John Doe v. Recovery Home Care, Mark Conklin, and Glen Castillo

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
RHC violated the False Claims Act by provided remuneration to physicians to induce patient referrals and reward physicians for prior referrals in violation of the Anti- Kickback Statute ("AKS"), 42 U.S.C. § 1320a-7b and the Stark Law, 42 U.S.C. § 1395nn.

Unisys Corp. Retiree Medical Benefits

Status:Settled
Settlement Amount: $110 million
Practice Area(s): ERISA & Employee Benefits
The firm, as co-lead counsel, handled the presentation of over 70 witnesses, 30 depositions, and over 700 trial exhibits in this action that has resulted in partial settlements in 1990 of over $110 million for retirees whose health benefits were...

United States et al. ex rel. Ronald J. Streck v. Allergan, Inc. et al.

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
This is a qui tam case brought by relator, Ronald J. Streck, on behalf of the United States and 25 states against thirteen pharmaceutical manufacturers for knowingly reporting materially inaccurate Average Manufacturer’s Prices (AMPs) for their drugs and thereby, fraudulently underpaying rebates owed to the Government Plaintiffs under the Medicaid Drug Rebate Program (the “Rebate Program”).

United States et al. ex rel. Silver v. Omnicare, Inc. et al. Lawsuit

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Complaint filed in the District Court of New Jersey brought under the Federal False Claims Act ("FCA") and State False Claims Acts against Omnicare, Inc., Chem RX, PharMerica Corporation et al. for violations of Anti-Kickback Statute.
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