In the mid 1990s, Berger & Montague represented Holocaust survivors in class actions against German companies that used slave labor and German, Swiss and Austrian banks that assisted the Nazi war effort and profited by looting the assets of Jewish Holocaust victims.  This ground-breaking litigation prompted the involvement of the United States government in sponsoring international negotiations which resolved the German and Austrian claims.  The Swiss claims were settled in court.  Berger & Montague was on the Executive Committee of the Swiss Banks case and was one of the few firms that actively participated in the German and Austrian negotiations.  We are proud that these cases resulted in recoveries totalling approximately $7 billion for Holocaust survivors and their heirs.

To learn more about the Holocaust litigation, to be directed to web sites where you can download claim forms, and to search for your name on lists of unclaimed Swiss bank accounts or Holocaust-era insurance policies, click here.

The Holocaust cases led to the establishment of a Civil and Human Rights practice group which built and expanded on the experience from those cases and the civil rights cases the firm had previously prosecuted.       

The group’s civil rights record includes a varied range of cases.  We represented a class of Pennsylvania prison inmates who successfully obtained a state-wide treatment program for inmates suffering post-traumatic stress disorder as a result of combat in Vietnam.  The group has resolved cases on behalf of hundreds of victims of racial discrimination in the work place.  The firm also successfully played a leading role in representing hundreds of victims of government- sponsored human radiation experimentation that occurred during the Cold War.

Significant Pending Cases

* Civil Rights

In Employees Committed for Justice v. Eastman Kodak Co., No 6:04-cv-06098 (W.D.N.Y.), the firm represents a proposed nationwide class of African-American Kodak employees who allege racial discrimination in promotions, compensation, and retaliation, among other issues, as well as a hostile work environment.  For further details regarding this case, see the firm’s special web site: www.kodakdiscrimination.com.  Kodak’s motion to dismiss was rejected in its entirety by the district court in a September 29, 2005, opinion, which allowed discovery to commence. Plaintiffs are appealing a ruling which affirmed the validity of releases signed by several of the named plaintiffs. In the district court, plaintiffs' motion for class certification has been submitted.

In Pennsylvania Prison Society v. Cortes, No. 1:CV-97-1731 (M.D. Pa.), the firm represents several organizations and individuals who are seeking a declaratory judgment and injunctive relief with regard to certain amendments to the Pennsylvania Constitution affecting the commutation process.  After the submission of cross-motions for summary judgment, the District Court ruled that the amendments violated the ex post facto clause with regard to life-sentenced prisoners who were convicted for crimes occurring before the effective date of the amendment. Cross-appeals are currently pending. 

The group has several ongoing investigations of racial discrimination and other civil rights violations.  Because of the sensitivity of these matters, we cannot disclose the names of the potential defendants at this point.