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Berger & Montague News

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

December 17, 2010
A federal appeals court has rejected Priceline.com 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.

Toll Bros. To Pay $25M To End Securities Suit

November 2, 2010
Real estate developer Toll Brothers Inc. has agreed to pay $25 million to settle a securities fraud class action accusing the company and several officers and directors of misrepresenting its financial condition during the housing slump. . . . The lead plaintiffs’ attorneys are Robbins Geller Rudman & Dowd LLP and Berger & Montague PC.

Lawsuit Claims That 401(k) and Pension Plans That Invested With Northern Trust Suffered Large Financial Losses as a Result of Northern Trust's Securities Lending Practices

October 10, 2010
Class Action Filed Against Northern Trust Investments, N.A. and the Nothern Trust Company Alleging Violations of Fiduciary Duty on Behalf of 401(k) Plans, Pension Plans and Participants

Ariz. Hospitals Settle Nurses' Antitrust Suit For $22M

September 28, 2010
An Arizona health care trade association and more than a dozen hospitals have agreed to pay $22 million to settle a class action accusing them of operating a cartel to drive down temporary nurses' wages. . . . The settlement also includes a class of per diem temporary nurses who worked for any of the hospital defendants during the same period.

Proposed Settlement in Class Action Suit Against Audi, Volkswagen Wins Judge's Approval

September 27, 2010
Volkswagen and Audi have agreed to pay sludgerelated maintenance costs for nearly 480,000 vehicles as part of a proposed settlement conditionally approved in federal court. The order filed Thursday, September 23, 2010 by Judge Joseph L. Tauro in Boston,...

Generics Subject To Solvay Sham Litigation Claims

September 17, 2010
A federal judge has kept alive claims alleging generics makers Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. engaged in sham litigation by agreeing not to release competing versions of Solvay Pharmaceuticals Inc.’s testosterone supplement AndroGel. Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia issued the order Thursday responding to the defendants' requests for clarification on whether he had dismissed those claims in a February ruling.

Purdue To Pay $16M To Settle OxyContin Claims

September 8, 2010
Purdue Pharma LP has agreed to pay $16 million to settle claims by direct purchasers of OxyContin that the drugmaker filed bogus patent litigation to crush generic competition. The direct purchasers' lead plaintiffs filed a motion Tuesday in the U.S. District Court for the Southern District of New York asking for preliminary approval of the settlement, which covers a class of entities who bought the drug directly from Purdue from Dec. 12, 1995, to Aug. 31, 2010. . . .

Class Action by Disabled Employees Against the Social Security Administration Will Go Forward

August 31, 2010
PHILADELPHIA, Aug. 31 /PRNewswire-USNewswire/ -- A group of disabled employees of the Social Security Administration has secured another victory in a class action before the U.S. Equal Employment Opportunity Commission. On August 25, 2010, the EEOC...

Farmland Workers' Safety Gear Not 'Clothing'

August 18, 2010
A federal judge has nixed Farmland Foods Inc.'s bid to toss a donning and doffing collective action, finding that personal safety gear worn by hourly workers at a Nebraska meat-processing plant wasn't mere clothing under the Fair Labor Standards Act.

AAI Pushes For Class Cert. In Hospital Merger Suit

August 13, 2010
The American Antitrust Institute has urged a federal appeals court to overturn a judge's denial of class certification to a group of patients alleging Evanston Northwestern Healthcare Corp.'s hospitals abused their monopoly power after a 2000 merger. ...

Dan Miller - Main Justice

August 6, 2010
Main Justice: Politics, Policy and the Law - profiled Of Counsel Daniel R. Miller on August 6, 2010.

U.S. District Court Extends Deadline for Filing Proofs of Claim in Brown v. Kinross Gold U.S.A. Class Action Litigation

June 30, 2010
Berger & Montague, P.C., Co-Lead Plaintiffs' counsel in the Brown v. Kinross Gold U.S.A., Inc. class action litigation, announced the following: UNITED STATES DISTRICT COUR T DISTRICT OF NEVADA Brown v. Kinross Gold U.S.A., Inc....

Unsung Heros

May 25, 2010
Sarah Schalman-Bergen, of counsel with the AIDS Law Project, was co-lead counsel on a case involving TIAA-CREF, a financial services company, which had presented a man's retirement benefits to his ex-wife, instead of his longtime partner who he had named as beneficiary. The court decided that the partner was the lawful beneficiary of all of the man's annuity contracts, and was therefore entitled to the full amount of money in dispute. After a March 29, 2010, mediation, TIAA-CREF paid the partner the full contract amount plus pre- and post-judgment interest, as ordered by the court.

Berger & Montague, P.C. Files a Shareholder Derivative Suit Against Isramco, Inc. and its Officers and Directors

April 28, 2010
Berger & Montague, P.C. Files a Shareholder Derivative Suit Against Isramco, Inc. and its Officers and Directors

Berger & Montague Partner, and Brilliant Legal Thinker, Peter Nordberg Dies at 54

April 18, 2010
We are deeply saddened and shocked by the sudden death of our colleague Peter Nordberg, who passed away on April 17, 2010. Peter was only 54 years old. He leaves behind his wife, Mykaila, and four children.

Law.com Home > Federal Judge Refuses to Dismiss Suit in Provigil Antitrust Case

April 2, 2010
In one of the most closely watched antitrust cases on the Eastern District of Pennsylvania's docket, a federal judge has refused to dismiss claims that biopharmaceutical giant Cephalon Inc. established an illegal monopoly for its profitable drug...

Settlement Approval Hearing For Adams Golf, Inc. Class Action

March 25, 2010
Settlement Approval Hearing For Adams Golf, Inc. Class Action To Be Held on June 17, 2010 at 9:30 a.m.

Berger & Montague, P.C. Named Lead Counsel in Revlon Securities Class Action

March 23, 2010
Berger & Montague, P.C. Named Lead Counsel in Revlon Securities Class Action

Cargill Line Workers Certified In Consolidated FLSA Suit

March 12, 2010
The magistrate judge overseeing a consolidated suit accusing Cargill Meat Solutions Corp. of failing to pay its employees for time spent performing tasks off the production line has conditionally certified one case and approved the distribution of a...
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