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Berger & Montague Cases

Michael v. Indiana Packers Corporation

Status:Settled
Settlement Amount: $1.99 million
Practice Area(s): Employment Law
Berger & Montague represented a class of over five thousand non-exempt hourly production, maintenance and sanitation employees at Indiana Packer's Delphi, Indiana facility. The complaint alleged that Indiana Packers did not pay its employees for all required pre-production line and post-production line activities that were necessary and integral to their overall employment responsibilities. These tasks include donning and doffing required safety gear and protective equipment, cleaning and sanitizing their equipment, walking to their lockers or production line after performing compensable activities, and waiting in line to receive required tools and equipment.

Microcrystalline Cellulose Antitrust Litigation

Status:Settled
Settlement Amount: $50 million
Practice Area(s): Antitrust
Berger & Montague, as one of two court appointed Co-Lead Counsel, recovered $50 million in settlements for the benefit of direct purchasers of microcrystalline cellulose ("MCC"), which is used as a binder in the production of pharmaceuticals,...

Miller v. Hygrade Food Products, Inc.

Status:Settled
Settlement Amount: $3.5 million
Practice Area(s): Employment Law
The firm served as lead counsel and obtained a settlement of $3.5 million on behalf of a group of African American employees of Sara Lee Foods Corp. to resolve charges of racial discrimination and retaliation at its Ball Park Franks plant.

Moglia v. Harris

Status:Settled
Settlement Amount: $4 million
Practice Area(s): Commercial Litigation
Berger & Montague represented a liquidating trustee against the officers of U.S. Aggregates, Inc. and obtained a settlement of $4 million.

Morales v. Farmland Foods, Inc.

Status:Settled
Practice Area(s): Employment Law
Berger & Montague represents a collective of employees at Farmland Foods' meatpacking facility in Crete, Nebraska. The complaint alleges that the employees must don and doff a uniform, earplugs, hard hat, hairnet, boots, mesh gloves, apron, arm...

Mutual Funds Investment Litigation (Scudder)

Status:Settled
Settlement Amount: $14 million
Practice Area(s): Securities Litigation
The firm served as Lead Counsel for a class of investors in Scudder/Deutsche Bank/ mutual funds in the nationwide Mutual Funds Market Timing cases. These cases recovered over $300 million for mutual fund purchasers and holders against various...

Nationwide Mutual Insurance Company v. O’Dell

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this class action against Nationwide Mutual Insurance Company in West Virginia Circuit Court, Roane County (Nationwide Mutual Insurance Company v. O'Dell, Case No. 00-C-37), on behalf of...

Nazi Era Cases Against German Defendants Litigation

Status:Settled
Settlement Amount: $4.5 billion
Practice Area(s): Environmental & Mass Tort
Through the firm's co-lead counsel role, cases against German industry and banks for the use of slave and forced labor during the Nazi era were ultimately settled in the context of international negotiations which created a fund for victims of $4.5...

Nestle GMO Labeling Lawsuit: False Advertising of "No GMO" Products

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of consumers who purchased Nestle dairy products that were falsely labeled as “No GMO.”

Neurontin Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague obtained a $190 million settlement on behalf of a class of direct purchasers of the brand-name prescription drug Neurontin. The Neurontin class alleged that Pfizer, Inc., one of the nation's largest pharmaceutical...

New Jersey v. Qwest Communications International

Status:Settled
Settlement Amount: $45 million
Practice Area(s): Securities Litigation
The Berger firm represented the pension funds for public employees in the State of New Jersey seeking to recover losses on their investments in Qwest common stock. The action settled for $45 million.

NIBCO Pex Tubing and Component Parts Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague has filed a lawsuit against NIBCO, claiming that their cross-linked polyethylene (PEX) plumbing tubes and component parts are substandard and fail earlier than consumers anticipated.

Nifedipine Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague represented a class of purchasers of generic Adalat CC 30 mg and 60 mg, generic versions of the blood pressure medicine Adalat CC. Defendants Biovail Corporation (in conjunction with its partner, Teva Pharmaceuticals USA, Inc.)...

Nissan Pathfinder Transmission Litigation and Class Action Information

Status:Settled
Practice Area(s): Consumer Protection
The law office of Berger & Montague, P.C. is investigating possible claims against Nissan North America for the malfunction of the Continuously Variable Transmission (“CVT”) in Nissan’s 2013 and 2014 Pathfinder vehicles. The malfunction involves a “shuddering” or extreme vibration when driving the vehicle, which poses a risk of damage or injury. However, the firm’s investigation does not cover Nissan’s recall to correct problems with a hose clamp as reported to the National Highway Transportation Safety Board (NHTSB).

Nortel Networks Corp. ERISA Litigation

Status:Settled
Settlement Amount: $21.5 million
Practice Area(s): ERISA & Employee Benefits
The case seeks recovery of losses suffered by participants in the Long-Term Investment Plan (the “Plan”) a 401(k) plan sponsored by Nortel Networks, Inc. (“Nortel”).

Norvir Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague obtained a $52 million settlement for a class of direct purchasers of the anti-AIDS medicines Norvir and Kaletra. Norvir serves as a "booster" to prolong the efficacy of other anti-AIDS drugs. Berger & Montague, as co-lead...

Nuvelo, Inc. Securities Litigation

Status:Settled
Settlement Amount: $8.9 million
Practice Area(s): Securities Litigation
Berger & Montague is co-lead counsel for the class in the Nuvelo Securities Litigation. The consolidated complaint alleges, among other things, that defendants misled investors by repeatedly trumpeting prior clinical success in the ongoing clinical...

On-Line DVD Rental Antitrust Litigation

Status:Pending
Settlement Amount: $27.5 million (partial)
Practice Area(s): Antitrust
Berger & Montague is on the steering committee of plaintiffs' counsel representing a class of subscribers to Netflix and Blockbuster DVD on-line rental services. The case arises from an agreement executed in 2005 between Netflix and Wal-Mart,...

Oppenheimer Rochester Funds Group Securities Litigation

Status:Settled
Settlement Amount: $89.5 million
Practice Area(s): Securities Litigation
Berger & Montague is pleased to inform shareholders who invested in certain municipal bond funds managed by OppenheimerFunds, Inc. and distributed by OppenheimerFunds Distributor, Inc. that the Lead Plaintiffs in six consolidated class action lawsuits have reached an $85.9 million settlement with OppenheimerFunds, Inc. and other Defendants.

Oregon Postal Service Worker Lawsuit: Illegal Background Check Issues at USPS

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who applied to work at the United States Postal Service (USPS) in Oregon between December 2014 and October 2015.

Ormond, et al. v. Anthem, Inc., et al.

Status:Settled
Settlement Amount: $90 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this class action against Anthem, Inc. (now known as WellPoint, Inc.) and Anthem Insurance Companies, Inc., in the United States District Court for the Southern District of Indiana...

Ovcon 35 Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $22 million
Practice Area(s): Antitrust
Berger & Montague was among the lead class counsel in this antitrust class action on behalf of direct purchasers of the oral birth control medication, Ovcon 35. The class accused the defendants Warner Chilcott and Barr Pharmaceuticals of entering...

OxyContin Antitrust Litigation

Status:Settled
Settlement Amount: $16 million
Practice Area(s): Antitrust
Plaintiffs, represented by Berger & Montague, alleged that Defendant Purdue Pharmaceuticals filed bogus patent prosecution actions in an effort to crush competition from generic competitors.

Ozga v. U.S. Remodelers Inc.

Status:Settled
Settlement Amount: $1.8 million
Practice Area(s): Employment Law
Berger & Montague represented a class of approximately 270 current and former California employees working as Installers who alleged they were not paid for the all time they worked, were denied meal periods and were not reimbursed for business expenses by their employer, U.S. Remodelers, Inc. The suit alleged U.S. Remodelers violated the California Labor Code and California Industrial Welfare Commission Wage Orders.

Packaged Ice Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of packaged ice, alleging that defendants engaged in a conspiracy to fix prices and allocate markets for packaged ice from January 1, 2001 through March 6, 2008. The defendants are...
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