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Consumer Litigation

Consumers who have been the victims of fraudulent conduct, unfair business practices, data breaches/identity theft, and faulty products have recourse to sue the companies responsible for these products, practices, and events. Berger & Montague has been involved in some of the country's most prominent consumer cases advocating for aggrieved consumers, including, among other cases, litigation against the manufacturers of the unsafe diet drug pills known as Fen-phen, which achieved a substantial settlement for the classes we represented, and litigation against TJX Companies, Inc. for its role in the largest computer theft of personal data in history.

Berger & Montague's involvement in consumer protection cases has brought about meaningful relief for its clients, as well as helped to prevent future unfair and unsafe business practices from recurring.

Some significant victories in this area of the law are listed below.

In re Educational Testing Service Praxis Principles of Learning and Teaching: Grades 7-12 Litigation:  The firm served on the plaintiffs’ steering committee and obtained an $11.1 million settlement on behalf of persons who were incorrectly scored on a teacher’s licensing exam. 

Block v. McDonald’s Corporation:  The firm served as co-lead counsel and won a settlement of $12.5 million with McDonald’s stemming from its failure to disclose the use of beef fat in its french fries. 

Fitz, Inc. v. Ralph Wilson Plastics Co.:  The firm served as sole lead counsel and garnered, after 7 years of litigation, a claims-made settlement whereby fabricators could obtain full recoveries for their losses resulting from defendants’ defective contact adhesives. 

Parker v. American Isuzu Motors, Inc.:  The firm served as sole lead counsel and won a claims-made settlement whereby class members recovered up to $500 for economic damages resulting from accidents caused by faulty brakes. 

Crawford v. Philadelphia Hotel Operating Co.:  The firm served as co-lead counsel and obtained a claims-made settlement whereby persons who contracted food poisoning at a business convention recovered $1,500 each. 


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