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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.

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

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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.

Ferring, Aventis Reach $20M Deal In DDAVP Antitrust Suit

August 4, 2011
Ferring BV and Aventis Pharmaceuticals Inc. on Wednesday agreed to pay $20.25 million to settle with a proposed class of direct purchasers of DDAVP who claimed in a New York suit that the companies suppressed generic competition by fraudulently acquiring a patent for the diabetes drug.

Pennsylvania Homeowners File Class Action Against Saxon Mortgage Services, Inc. and Ocwen Mortgage Servicing, LLC for Wrongfully Denying Mortgage Modifications

July 21, 2011
PHILADELPHIA, July 21, 2011 /PRNewswire-USNewswire/ -- The law firms of Berger & Montague, P.C. and Ann Miller, LLC have filed a Class Action complaint in the United States District Court for the Eastern District of Pennsylvania on behalf of all...

Whistleblower Lawsuits Help Provide Stark and Anti-Kickback Statute Guidance

July 1, 2011
The False Claims Act (FCA) is designed to protect the federal treasury and to deter fraud committed against the government. The FCA places power within the hands of private citizens, allowing them to become “private attorney generals,” and, with the assistance of an attorney paid on a contingent fee basis, challenge government payments on behalf of the government. The citizens who bring a case on behalf of the government (“whistleblowers”) can be employees, former employees, and/or competitors...

Loss Causation Not Necessary For Class Certification: High Court

June 6, 2011
The U.S. Supreme Court on Monday ruled that investors are not required to prove that corporate misstatements caused their investment losses in order to win class certification, dealing a blow to Halliburton Co. in a shareholder suit. In a unanimous...

FTC Urges 3rd Circ. To Reverse Pay-For-Delay Ruling

May 24, 2011
The Federal Trade Commission asked the Third Circuit on Tuesday to back private class action plaintiffs challenging the legality of pay-for-delay settlements between Merck & Co. Inc. and two generics manufacturers over the blood pressure medication K-Dur 20.

Discovery Debate Prompts Mistrial In Don, Doff Suit

May 6, 2011
A federal judge in Nebraska granted a mistrial Friday in a class action accusing Nebraska Beef Ltd. of not paying employees for time spent donning and doffing protective equipment after a question about discovery prompted the meat packer's attorneys to withdraw.

Ex-Zenta worker sues, claims he was due overtime pay

March 25, 2011
A Charlotte mortgage underwriter is suing Zenta Mortgage Services, accusing the company of violating fair labor laws and failing to pay some employees for overtime, according to a federal lawsuit. The lawsuit alleges that Zenta — a company eligible for $10 million in taxpayer incentives to hire 1,000 workers in Charlotte — asked mortgage underwriters to work more than 40 hours per week on a base salary, with no overtime. The suit contends the practice violates the Fair Labor Standards Act.

WikiLeaks versus Whistleblowers

February 21, 2011
Despite thousands of recent print, broadcast and Internet reports about WikiLeaks, the renegade Web site's alleged whistleblowing activities and certain documents it has "published," qui tam remains the first name in whistleblower; "journalist" remains...

Thai Airways To Pay $3.5M To Exit Air Cargo MDL

February 18, 2011
Thai Airways International Public Co. Ltd. has agreed to pay $3.5 million to settle a multidistrict litigation accusing the carrier of participating in a widespread price-fixing plot in the air cargo industry. Plaintiffs in the case asked the U.S. District Court for the Eastern District of New York for preliminary approval of the deal on Thursday. In addition to setting up a $3.5 million settlement fund, the agreement also calls for Thai Airways, which has not pled guilty to any criminal price-fixing charges in the U.S., to cooperate with the plaintiffs' case against the remaining defendants.

Qantas To Pay $26.5M To Escape Air Cargo Cartel MDL

January 14, 2011
Qantas Airways Ltd. said Friday it would pay $26.5 million to settle a multidistrict litigation that alleged the Australian airline conspired with others to fix shipping prices for international air cargo. The deal announced by Qantas — the eighth airline to settle the litigation — comes a week after Cargolux Airlines International SA and All Nippon Airways Co. Ltd won court approval to settle the case for $35.1 million and $10 million, respectively.

Cargolux Wins Initial OK For $35M Price-Fixing Deal

January 7, 2011
A federal judge has granted Cargolux Airlines International SA initial approval for a $35.1 million deal to settle the multidistrict litigation accusing the carrier of participating in a widespread price-fixing plot in the air cargo industry. Judge John Gleeson of the U.S. District Court for the Eastern District of New York preliminarily signed off on the class settlement Thursday. In addition to creating a $35.1 million settlement fund, the agreement calls for Cargolux to provide "significant cooperation" to the plaintiffs as they continue to pursue similar claims against other airlines that have yet to settle the suits.

Toys R Us Price-Fixing Suit Shut Down

January 6, 2011
A federal judge has closed the door on an antitrust suit claiming that a Toys R Us Inc. subsidiary fixed prices on baby products by strong-arming manufacturers into setting price floors. Judge Anita Brody signed off on a stipulated order of dismissal on Wednesday in the U.S. District Court for the Eastern District of Pennsylvania, having found in August that the case couldn't go to trial because of pending settlements. The order and other court documents did not contain details of any settlements between the defendants...

AIG Led Insurer Payouts In 2010

January 1, 2011
The leading settlements and verdicts in the insurance industry in 2010 arose from the alleged financial misdeeds and improper practices of insurers instead of traditional policyholder claims, with payouts involving American International Group Inc. that...

2nd Circ. Bars Priceline From $336M Class Deal

December 17, 2010
A federal appeals court has rejected Inc.'s attempt to get a cut of a $336 million class action settlement in an antitrust case accusing the nation's largest credit card companies of colluding to levy fixed currency conversion fees.

3rd Circ. Says Pet Food Refund Cap Still Needs Work

December 16, 2010
A federal appeals court mostly upheld a $24 million settlement Thursday over a massive recall of pet food, but sent the settlement back to district court for further proceedings over a cap on reimbursements for recalled pet food purchased by class...

Court Approves $850,000 Distribution in U.S. Antitrust Law Class Action

December 16, 2010
United States District Court for the Southern District of New York Chief Judge Loretta A. Preska has signed an order approving a plan submitted by class counsel and The New York Bar Foundation for a cy pres distribution of residual class action...

All Nippon Ends Air Cargo Price-Fixing MDL For $10M

December 13, 2010
On the heels of pleading guilty to related criminal charges, All Nippon Airways Co. Ltd. has agreed to pay $10.4 million to settle civil claims against it in a multidistrict litigation alleging widespread price-fixing in the air cargo transport...

Farmers Pride Donning-Doffing Action Recertified

December 10, 2010
A federal judge gave new life to a collective action against Farmers Pride Inc. on Friday when he ordered that the case - which accuses the chicken processor of allegedly failing to pay workers for time spent donning, doffing and sanitizing safety gear...

$2.4 Million McDonald's FLSA Settlement Wins Court OK

November 10, 2010
A federal jduge has approved a $2.4 settlement between McDonald's Corp. and a class of assistant managers that accused the fast food giant of wrongly exempting them from Fair Labor Standards Act protections. . . . Calling the agreement "fair and reasonable," Judge Stark brought to a close a two-year-old suit accusing McDonald's of failing to dole out overtime pay to deserving managerial employees.

Goldman Faces Lawsuit On $1.2B Hudson CDO Deals--Filing

November 9, 2010
Goldman Sachs Group Inc. (GS) faces a class-action lawsuit over two collateralized debt obligations it packaged and sold in 2006 and 2007, according to its latest quarterly regulatory filing. The CDO deals, called Hudson Mezzanine Funding 1 and 2, concern $1.2 billion of subprime and other residential mortgage-backed securities, many of which were sponsored by subprime mortgage lenders including Washington Mutual's Long Beach unit, New Century Financial Corp., Fremont General's Fremont unit, Countrywide Financial Corp., Lehman Brothers Holdings Inc. (LEHMQ) and Bear Stearns Cos. The suit, filed by Philadelphia law firm Berger & Montague on behalf of plaintiffs, also names two former senior Goldman officials, Peter L. Ostrem and Darryl K. Herrick, for leading in the structuring and selling of the securities.
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