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Berger & Montague Cases

In re Hypodermic Products Antitrust Litigation

Status:Settled
Settlement Amount: $45 million
Practice Area(s): Antitrust
Berger & Montague served on the Executive Committee for a class of direct purchasers of hypodermic products, including syringes and blood collection devices. Plaintiffs alleged that through product bundling and other means, Defendant Becton...

In re K-Dur Antitrust Lawsuit: Class Claims Anticompetitive and Artificially High Prices

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is Co-Lead counsel for a class of direct purchasers of the brand-name drug K-Dur 20, a potassium chloride supplement used to treat patients with depleted potassium. The class alleges that Schering-Plough, Upsher-Smith, and American...

In re Lipitor Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. was named interim co-lead class counsel on behalf of a class of direct purchasers of the prescription drug Lipitor from Pfizer Inc. in this blockbuster antitrust class action involving alleged efforts to delay generic entry to...

In re Loestrin 24 Fe Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed Co-Lead Class Counsel in a challenge to a pay-for-delay deal for the birth control medication Loestrin 24 Fe.

In re NetBank, Inc. Securities Litigation

Status:Settled
Settlement Amount: $12.5 million
Practice Area(s): Securities Litigation
Beginning in September 2007, two class actions were instituted on behalf of purchasers of NetBank common stock, alleging claims against NetBank and certain of its officers and directors for violations of the federal securities laws. By an Order of the...

In re Nexium Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed co-lead counsel in a challenge to a pay for delay deal for the billion dollar drug, Nexium.

In re Niaspan Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Class action challenging pay for delay deal concerning the brand name drug Niaspan.

In re North Sea Brent Crude Oil Futures Litigation

Practice Area(s): Antitrust , Commercial Litigation , Commodities & Options
On November 18, 2013, Berger & Montague, P.C. filed a proposed class action on behalf of traders of Brent Crude Oil futures contracts against Royal Dutch Shell plc, BP plc, Statoil ASA, Morgan Stanley, Trafigura Beheer B.V., Trafigura AG, Phibro Trading LLC, and Vitol, S.A. (collectively, “Defendants”) during the period of at least 2002 through the present.

In re Rail Freight Fuel Surcharge Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is counsel to a certified class of direct purchasers of rate-unregulated rail freight transportation services (i.e., freight transportation services not regulated by the federal Surface Transportation Board), who purchased those services directly from defendants Union Pacific Railway Company (“UP”), CSX, Transportation, Inc., BNSF Railway Company (“BNSF”) and Norfolk Southern Railway Company (“NS”), and who paid a stand-alone fuel surcharge imposed by the defendants on the base freight transportation rate.

In re Titanium Dioxide Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague represented a proposed class of direct purchasers of titanium dioxide, a product used in paints, inks and other applications. Plaintiffs alleged that defendants, the primary suppliers of titanium dioxide in the U.S., conspired to raise, maintain or stabilize the prices for the product between 2002 and the present. Settlements totaling $163.5 million received final approval in December 2013.

In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague (along with Quinn Emanuel Urquhart and Sullivan LLP) is interim co-lead counsel in this class action on behalf of traders of gold-based derivative contracts, physical gold, and gold-based securities against The Bank of Nova Scotia, Barclays Bank plc, Deutsche Bank AG, HSBC Bank plc, Société Générale and the London Gold Market Fixing Limited.

In Re: Libor-Based Financial Instruments Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague is counsel to a proposed class of investors who transacted in Eurodollar futures contracts and options on futures contracts on the Chicago Mercantile Exchange (“CME”) between August 2007 and May 2010. The consolidated class action lawsuit, In Re: Libor-Based Financial Instruments Antitrust Litigation, alleges that the banks colluded to misreport and manipulate Libor rates, thereby harming investors in futures, swaps, and other Libor-based derivative products.

Independent Contractor Lawsuit: Roadside Service Technicians

Status:Pending
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of roadside service technicians who have been misclassified as independent contractors by their employers.

Independent Contractor Lawsuit: Truck and Delivery Drivers

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of truck and delivery drivers who believe they have been misclassified as independent contractors by their employers.

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,...

InvenSense, Inc.

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Northern District of California on behalf of all purchasers of InvenSense, Inc. (“InvenSense” or the “Company”) (NYSE: INVN) common stock between July 29, 2014 and October 28, 2014, inclusive (the “Class Period”).

Job Reclassification Lawsuits: Exempt to Non-Exempt Employees

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of workers who have been reclassified from exempt to non-exempt employees under the Fair Labor Standards Act.

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,...

JPMorgan Chase & Co.

Status:Securities - 60 day window open
Practice Area(s): Securities Litigation

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...

Kia Shattering Sunroof Defect Lawsuit

Status:Pending
Berger & Montague has filed a class action complaint on behalf of a class of consumers who have purchased or leased a 2011- 2015 Kia vehicle equipped with a panoramic sunroof. The complaint alleges that these sunroofs have a defect that causes them to spontaneously shatter.

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...
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