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Berger & Montague Cases

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...

Coffee-mate GMO Labeling Lawsuit: False Advertising of Natural Bliss Creamer

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of consumers who purchased Coffee-mate Natural Bliss creamer. The product is falsely labeled as “No GMO.”

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...

Containerboard Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as counsel on behalf of direct purchasers of containerboard products (which includes both corrugated sheets and corrugated products such as boxes and other containers) in an antitrust class action against the largest...

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 &...

CRT Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has played a key role in In re CRT Antitrust Litigation, a case brought on behalf of a class of direct purchasers of cathode ray tubes ("CRTs") or products containing CRTs, such as televisions and computer monitors, alleging that...

Cung Le, et al v. Zuffa, LLC, d/b/a Ultimate Fighting Championship and UFC Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of similarly situated current and former UFC professional combatants, alleging that the plaintiffs are victims of the UFC’s illegal scheme to eliminate its competition in the sport of MMA and suppress compensation for UFC Fighters from bouts and fighter identities and likenesses.

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.

Daniels v. Perry and Keys

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. filed a class action lawsuit against the officers of IndyMax Bancorp, Inc. The Complaint alleges that IndyMac's Chief Executive Officer Michael W. Perry, and its former Chief Financial Officer A. Scott Keys ("Defendants"), violated the Securities Exchange Act of 1934 by issuing a series of materially false and misleading statements about IndyMac's financial health, including statements assuring investors that IndyMac, as a prime rather than subprime lender, would be less affected by the turmoil in the housing, mortgage and credit markets, that it was prudently managing its risks, that it had prudent asset quality and that its financial condition was sound.

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,...

Defective Solar Panels - Legal Investigation

Status:Under Investigation
Practice Area(s): Commercial Litigation , Consumer Protection
Berger & Montague is investigating a potential nationwide class action lawsuit against manufacturers of solar panels as a result of a possible common defect that is causing the panels to prematurely disintegrate.

Delta-AirTran Baggage Fee Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust , Consumer Protection
Berger & Montague is participating as co-counsel in a lawsuit against Delta Air Lines, Inc. and AirTran Airways, Inc., alleging a conspiracy to impose parallel first-bag fees.

Dental Supplies Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as co-lead counsel on behalf of a proposed class of direct purchasers of dental supplies and equipment from Henry Schein, Inc., Patterson Companies, Inc., and Benco Dental Supply Company, the three largest distributors of dental supplies in the United States.

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...

Effexor XR Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. represents a class of direct purchasers of the prescription anti-depressant drug Effexor XR from Wyeth, Inc. in a case alleging unlawful efforts to delay generic entry.
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