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Berger & Montague Cases

United States ex rel. Gale v. Omnicare, Inc.

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
False Claims Act case filed in the Northern District of Ohio on behalf of whistleblower Don Gale agains tOmnicare, Inc. The Complaint alleges that Omnicare violated the Anti-Kickback Statute by offering steeply discounted rates to nursing homes' Medicare Part A patients in exchange to serve the nursing home's Medicaid and Medicare Part D patients. The case settled for $120 Million.

United States ex rel. HMI v. Pinnacle Bank Lawsuit

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
The United States Government intervened in a case filed in the District of Wyoming under the False Claims Act, captioned United States ex rel. HMI v. Pinnacle Bank. According to the whistleblower’s complaint, Pinnacle violated the False Claims Act by withholding material information from and making materially false statements to the Small Business Administration (“SBA”) with regard to the funding of an SBA “504” loan.

United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Apothecon, Inc.

Status:Settled
Settlement Amount: $515 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Berger & Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Apothecon submitted false and inflated Average Wholesale Prices (AWPs) for a number of...

United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Bristol Myers Squibb Co.

Status:Settled
Settlement Amount: $515 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Berger & Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Bristol submitted false and inflated Average Wholesale Prices (AWPs) for a number of...

United States v. AstraZeneca Pharmaceuticals, LP

Status:Settled
Settlement Amount: $124 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
In October 2009, the United States, through the U.S. Attorney's Office in New Hampshire, recovered $124 million from four drug companies -- Mylan Pharmaceuticals Inc., AstraZeneca Pharmaceuticals LP, UDL Laboratories Inc. and Ortho McNeil Pharmaceutical...

United States v. Aventis Pharmaceuticals Inc.

Status:Settled
Settlement Amount: $190 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
In September 2007, Aventis Pharmaceuticals Inc. (now known as Sanofi-Aventis SA) paid $190 million to the United States, a number of states and the District of Columbia to settle a qui tam lawsuit alleging that the company caused false claims to be...

Vadino v. American Home Products Corp.

Status:Settled
Settlement Amount: $1 billion
Practice Area(s): Consumer Protection
In 1997, Berger & Montague filed a class action complaint that was different from the complaints filed by any other of the filing law firms in the New Jersey State Court "Fen Phen" class action. The class sought in the firm's complaint was...

Volkswagen and Audi Warranty Extension Litigation

Status:Settled
Settlement Amount: $222 million
Practice Area(s): Consumer Protection
Berger & Montague, P.C., and its co-counsel, initiated an action in the U.S. District Court for the District of New Jersey against defendants Volkswagen of America, Inc. and Volkswagen of America, Inc. d/b/a Audi of America, Inc. The action was...

Walco Investments, Inc. v. Thenen

Status:Settled
Settlement Amount: $141 million
Practice Area(s): Securities Litigation
The firm, as a member of the plaintiffs' steering committee, obtained settlements of $141 million for investors Walco; 947 F. Supp. 491 (S.D. Fla. 1996)). Plaintiffs invested in funding entities that were formed "exclusively" for the purpose of...

Waste Management, Inc. Securities Litigation

Status:Settled
Settlement Amount: $220 million
Practice Area(s): Securities Litigation
In 1999, the firm, as co-lead counsel, obtained a class settlement for investors of $220 million cash which included a settlement against Waste Management's outside accountants.

Whitney v. Turner/Time Warner

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague settled this individual claim for a confidential amount, seeking interpretation of the distribution agreement for the movie, Gone with the Wind and undistributed profits for the years 1993-1997, with forward changes in accounting...

Willard Miller, et al. v. Waste Management, Inc.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation

Xcel Energy Inc. Securities, Derivative & "ERISA" Litigation

Status:Settled
Settlement Amount: $80 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel in the securities actions, obtained a cash settlement of $80 million on behalf of investors against Xcel Energy and certain of its officers and directors.
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