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Berger & Montague Cases

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...

King v. Wal-Mart Stores, Inc.

Status:Settled
Practice Area(s): ERISA & Employee Benefits
This case involved allegations that Wal-Mart and other fiduciaries of the Wal-Mart Profit Sharing and 401(k) Plan (the "Plan") breached their fiduciary duties to Plan Participants. They did so in connection with Wal-Mart's underpayment of retirement benefits to hourly employees of Wal-Mart who participated in the Plan.

KLA Tencor Securities Litigation

Status:Settled
Settlement Amount: $65 million
Practice Area(s): Securities Litigation
The firm, as a member of Plaintiffs' Counsel's Executive Committee, obtained a cash settlement of $65 million in 2009 in an action on behalf of investors against KLA-Tencor and certain of its officers and directors.

Klein v. Broadhead (Florida Power & Light

Status:Settled
Settlement Amount: $22.25 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague, as lead counsel, brought this derivative action on behalf of Florida Power & Light (FPL).

Kletman v. Hemispherx Biopharma, Inc.

Practice Area(s): Securities Litigation
The law firm of Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Eastern District of Pennsylvania that expands the proposed class period to include all purchasers of Hemispherx Biopharma, Inc. ("Hemispherx" or the...

Korman v. InKine Pharmaceutrical Co., Inc.

Status:Settled
Settlement Amount: $9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague brought a state stockholder action on behalf of class members who were denied preemptive rights provided under the articles of incorporation in several securities offerings by InKine. As sole counsel, Berger & Montague secured a settlement of $9 million. The settlement provided substantial compensation for the preemptive rights denied to class members.

Lamictal Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of the prescription drug Lamictal.

Lawsuit Investigation: California Automatic Renewal Charges

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential claims on behalf of California residents who have been automatically charged for an ongoing product or service.

Lawsuit Investigation: Employees Who Are Misclassified as Independent Contractors

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of employees who were misclassified as independent contractors by their employers.

Lawsuit Investigation: Employment/Criminal Background Report Errors

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. believes that consumer and credit reporting agencies must be held accountable when they make mistakes in their employment/criminal background reports. If you believe a background check company or a credit bureau has included improper, mistaken, or inaccurate information about you in a background check, please contact Berger & Montague.

Lawsuit Investigation: Homeowners' Insurance/Loss Draft Check Fees

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating the possibility that some homeowners are being charged for bank-required inspections after submitting claims for property damage.

Lawsuit Investigation: How Employee Case Managers at Healthcare Providers Can Recover Lost Overtime Wages

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of current and former healthcare company case managers who claim they were not paid overtime.

Lawsuit Investigation: How Employees Can Recover Lost Overtime Wages for Time Spent Donning and Doffing Uniforms

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of current and former employees who claim they were not paid overtime for the time spent donning and doffing safety gear, special uniforms, or other clothing required for their jobs.

Lawsuit Investigation: How Hospitality Service Workers Can Recover Unpaid Wages

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a claim that numerous hotels, banquet halls, and resorts are cheating their food service workers by pocketing the service charge added to customers’ bills. A service charge is a type of fee charged to cover services related to the primary product or service being purchased.

Lawsuit Investigation: How Insurance Investigators Can Recover Lost Overtime Wages

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class and collective action lawsuits on behalf of current and former insurance investigators who claim they were not paid overtime.

Lawsuit Investigation: Illegal Unpaid Internships

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential lawsuits on behalf of unpaid interns who should be paid as employees under the Fair Labor Standards Act (FLSA).

Lawsuit Investigation: Illegally Recording Phone Calls

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential claims on behalf of individuals in certain states who had their telephone calls recorded without their consent.

Lawsuit Investigation: Las Vegas "Resort Fees"

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of anyone who paid “resort fees” to a major Las Vegas resort within the last two years.

Lawsuit Investigation: Nursing Home Neglect

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of anyone with a loved one in a nursing home who has been mistreated or not given a high enough level of care.

Lawsuit Investigation: Overtime Pay That Was Miscalculated

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of employees who believe their employers miscalculated their overtime pay.

Lawsuit Investigation: Payday Loans

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who has ever borrowed a payday loan, especially from Money Mutual.

Lawsuit Investigation: Stockert 3T Heater-Cooler Systems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of people who underwent surgery that involved a Stockert 3T heater-cooler system and developed an infection as a result of the device.

Lawsuit Investigation: Tax Liens

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who has paid off a tax lien within the last two years.
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