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Berger & Montague News

Our reputation as a national leader in the field of prosecuting class action, commercial litigation, and qui tam cases makes headlines and shapes precedent across the country.

Major media outlets and industry publications regularly consult Berger & Montague lawyers as knowledgeable and insightful sources to comment on regulation, legislation, precedent-setting cases, and industry developments.

To learn about the most recent activities of the firm and its attorneys, read on.

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The law that could save suits by MF Global customers

January 11, 2012
If there's one thing the law teaches, it's that there's almost nothing new under the sun. Take MF Global's alleged misuse of its customers' brokerage accounts -- and the related disappearance of $1.2 billion of customer money -- in the run-up to MF's bankruptcy last fall. Shocking, yes, but you only have to look back a few years, to the 2005 collapse of the brokerage conglomerate Refco, to find the same alleged failure to segregate customer money.

Berger & Montague filed a class action complaint on behalf of tens of thousands of commodities account holders who fell victim to the alleged massive theft and misappropriation of client funds at MF Global Inc.

January 10, 2012
On January 10, 2012, Berger & Montague filed a class action complaint on behalf of tens of thousands of commodities account holders who fell victim to the alleged massive theft and misappropriation of client funds at MF Global Inc. The complaint,...

Judge Favors Class Cert. In Farmland Don, Doff Suit

January 10, 2012
A Nebraska magistrate judge on Monday advised the court to deny Farmland Foods Inc.'s bid for decertification of a collective action accusing the meat packer of stiffing workers on don and doff pay, saying that the employees are similarly situated enough to proceed together.

Lawsuit settled for Reading man denied job in Breinigsville due to manslaughter charges

January 6, 2012
A lawsuit has been settled in the case of a Reading man who claimed he was denied a job in Breinigsville because of his race and a 30-year-old involuntary manslaughter conviction. Albert Dunn, 56, who is black, said his civil rights were violated when he was denied a job at an Amazon.com warehouse, according to the Public Interest Law Center of Philadelphia. Dunn previously pleaded guilty to the 1981 shooting of a man who had threatened him and his family. Dunn, who was in his 20s at the time, pleaded guilty and served time in prison, according to the center.

INTEGRITY STAFFING SOLUTIONS LEADS THE WAY IN JOB OPPORTUNITIES FOR EX-OFFENDERS

January 5, 2012
FOR IMMEDIATE RELEASE - INTEGRITY STAFFING SOLUTIONS LEADS THE WAY IN JOB OPPORTUNITIES FOR EX-OFFENDERS ALLENTOWN, PA - Integrity Staffing Solutions, the Public Interest Law Center of Philadelphia and Berger & Montague, P.C. jointly announce the...

Cadbury Melts Chocolate Price-Fixing Suits For $2M

December 15, 2011
A Pennsylvania federal judge signed off Monday on a trio of settlements worth about $2 million between Cadbury PLC and three classes of plaintiffs in the multidistrict litigation accusing a number of major chocolate producers of conspiring to fix...

National Arbitration Forum Exits Cardholder Class Action

December 1, 2011
The National Arbitration Forum reached a settlement Thursday with a class of credit card holders that had accused it of helping large banks and card companies collude to include compulsory arbitration clauses in cardholder agreements meant to prevent...

A Questionable New Standard for Class Certification in Antitrust Cases

December 1, 2011
IN RECENT YEARS, A NEW STANDARD appears to have emerged regarding class certification. Courts have largely dismissed the notion—originally derived from Eisen v. Carlisle & Jacquelin—that they cannot resolve issues relevant to the merits in deciding whether to certify a class. How far they may delve into the merits, however, has remained somewhat of a mystery.

Judge Clears $12.5M Deal In NetBank Investors' Suit

November 9, 2011
A Georgia federal judge on Wednesday approved a $12.5 million settlement in a class action targeting online bank NetBank Inc. and executives for allegedly defrauding investors by not disclosing the bank's true condition before its takeover by federal regulators and subsequent liquidation.

AmEx Offers $50M To End Currency Fee Claims: Atty

November 4, 2011
American Express Co. has agreed to pay $49.5 million to partially settle a class action in New York accusing the credit card giant of conspiring with several banks to fix foreign currency conversion fees and impose arbitration clauses in cardholder agreements, the plaintiffs’ attorney said Thursday.

Beef Co. Faces Heat For Discovery Misdeeds In Wage Suit

November 3, 2011
A Nebraska federal judge blasted Nebraska Beef Ltd. on Thursday for serious discovery violations in a class action accusing the meatpacking company of failing to pay workers for time spent donning and doffing protective gear, but refused to hand employees an immediate win.

Loan Officers Say Fifth Third Bank Shorted Them On OT

November 2, 2011
A group of loan officers for Fifth Third Bancorp’s Cincinnati-based regional banking corporation lodged a class action Wednesday claiming the bank failed to pay them overtime wages in violation of the Illinois Minimum Wage Law and Wage Payment and Collection Act.

Lensmaker Transitions Can't Shake Antitrust MDL

November 1, 2011
A Florida federal judge on Tuesday denied a motion by Transitions Optical Inc. to throw out a multidistrict class action accusing the corrective lens maker of anti-competitive conduct, saying the purchaser plaintiffs' monopoly accusations were reasonable enough for trial. U.S. District Judge James D. Whittemore denied Transitions' motion to dismiss the suit filed by a group of companies that say Transitions resorted to various anti-competitive tactics to keep prices high for its line of ultraviolet-ray-resistant lenses.

21st-century Robin Hood advocates higher riches for poor to help middle class

October 26, 2011
WHEN MILLIONAIRE Philadelphia lawyer Daniel Berger saw the protesters on his TV, they reminded him of Bolsheviks - "a vanguard of extremists who believe in an ideology." But Berger - a trial lawyer who has made a fortune in class-action lawsuits involving securities fraud and environmental and civil-rights issues - isn't talking about the new breed of protesters occupying Wall Street and elsewhere with signs reading "Tax the Rich."

Managing Shareholder Daniel Berger Appears on MSNBC's The Ed Show

October 5, 2011
On October 5, 2011, managing shareholder Daniel Berger appeared on MSNBC's The Ed Show to discuss federal tax policy.

High Court Seeks SG's Take On $1B Plutonium Fight

October 3, 2011
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a plutonium contamination class action, in which the Tenth Circuit reversed a nearly $1 billion judgment against Dow Chemical Co. and the former Rockwell International Corp.

Berger & Montague Named to the National Law Journal's 2011 Plaintiffs' Hot List

October 3, 2011
The National Law Journal recognized Berger & Montague in its 2011 Plaintiffs' Hot List for the eighth time in nine years.

Release of claims and the False Claims Act: An Employee’s Ability to Pursue Qui-Tam Claims Against Its Former Employer After Signing a Release

October 1, 2011
The False Claims Act (“FCA”) clearly provides that once a qui tam action is filed, a relator may dismiss an action only if the court and the Attorney General give written consent. The statute does not, however, address whether the relator’s release of qui tam claims, executed before the filing of a complaint, is enforceable.

AstraZeneca Settles Toprol Antitrust Action For $20M

September 26, 2011
AstraZeneca Pharmaceuticals LP on Monday agreed to pay $20 million to settle claims brought in Delaware by a putative class of direct purchasers of Toprol-XL who allege the pharmaceutical giant used sham patent litigation to delay generic competition for the hypertension drug.

Beckman Reaches $5.5M Settlement In Shareholder Suit

September 19, 2011
A class of Beckman Coulter Inc. shareholders on Friday asked a California federal judge to approve a $5.5 million settlement that would resolve claims that the lab equipment maker didn't timely disclose regulatory and product quality issues, hurting the company's stock price

Class Action Lawsuit against Saxon Mortgage Services, Inc. and Ocwen Loan Servicing, LLC

September 14, 2011
PHILADELPHIA--(BUSINESS WIRE)--The law firm of Berger & Montague, P.C. has filed a class action complaint in the United States District Court for the Eastern District of Michigan on behalf of all Michigan homeowners whose mortgage loans have been...

For cigarette makers, limits to free speech

September 7, 2011
Butt out is the message from four of the five largest cigarette manufacturers who have filed suit in a Washington, D.C., federal court challenging new FDA regulations that require them to print nine graphic images on their cigarette packaging. Under the FDA rule, the images must be printed in color and displayed on the top 50 percent of the both the front and back panels of every pack. Grim news has to cover the top 20 percent of all printed cigarette advertising. In addition, the FDA says, every pack of cigarettes must contain the words "QUIT-NOW." And there is an 800 quit smoking hotline number that has to be there too.

Judge OKs Wal-Mart's $27M Deal In Netflix Antitrust MDL

September 2, 2011
A California federal judge on Friday tentatively approved a $27.25 million settlement between Wal-Mart Stores Inc. and plaintiffs in an antitrust multidistrict litigation accusing the retailer of conspiring with Netflix Inc. to divvy up the online DVD rental and sales markets.

Issuance of Summary Notice of Proposed Settlement, Motion For Attorneys' Fees and Expenses, and Hearing Thereon in NetBank, Inc. Securities Class Action Litigation

August 19, 2011
Pursuant to an Order of the United States District Court for the Northern District of Georgia, that a hearing will be held on November 9, 2011, at 10:00 a.m., in Courtroom 2106, before the Honorable Timothy C. Batten, Sr., at the United States Courthouse, 75 Spring Street, SW, Atlanta, GA 30303-3309, for the purpose of determining: (1) whether the proposed settlement of the claims in the above-referenced litigation (the "Litigation") for the principal amount of $12,500,000, plus accrued interest, should be approved by the Court as fair, reasonable and adequate; (2) whether a Final Judgment and Order of Dismissal should be entered by the Court dismissing the Litigation with prejudice; (3) whether the Plan of Allocation is fair, reasonable and adequate and therefore should be approved; and (4) whether the application of Plaintiff's Lead Counsel for the payment of attorneys' fees and reimbursement of expenses and the Lead Plaintiff's expenses incurred in connection with this Litigation should be approved.

Nortel Settles ERISA MDL For $21.5M

August 10, 2011
Nortel Networks Corp. on Wednesday reached a preliminary $21.5 million settlement in Tennessee with a class of former workers who accused the bankrupt telecom of mismanaging an employee stock fund, cooking its books and squandering their retirement savings.
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