Biography

Ellen Noteware is a Shareholder and Chair of the Firm’s Pro Bono program. A seasoned litigator, she has secured verdicts and settlements totaling more than $4 billion on behalf of her clients in a variety of complex cases. She is recognized as a Lawdragon Leading Plaintiff Financial Lawyer and a Super Lawyer.

In recent years, Ms. Noteware has concentrated her efforts on complex antitrust cases. She represents drug purchasers in cases alleging that manufacturers wrongfully suppressed generic drug competition, many of which resulted in substantial cash settlements, often on the eve of trial, including, In re: Namenda Direct Purchaser Antitrust Litigation, (S.D.N.Y.) ($750 million); In re Suboxone (E.D. Pa.) ($385 million); In re Zetia (E.D.Va) (confidential non-class settlement) In re Loestrin 24 Fe Antitrust Litigation, (D.R.I.) ($120 million); In re Celebrex, (E.D. Va.) ($95 million); In re Lipitor Antitrust Litig., (D.N.J.) ($93 million); and Meijer, Inc. v. Abbott Laboratories, (N.D. Cal.) (Norvir) ($52 million).

Ms. Noteware also represents a class of elite mixed martial arts fighters against the UFC which is currently awaiting final approval of a $375 million settlement agreed to after nearly all pretrial procedures were completed and the case was trial ready. She represents a class of broiler chicken farmers in a suit against the major chicken processing companies for colluding to suppress compensation, resulting in $169 million in settlements to date. And, Ms. Noteware represents a class of students in Henry v. Brown University (N.D. Ill.), a case alleging that seventeen elite universities colluded to artificially depress financial aid awards, resulting in $284 million in settlements to date.

Ms. Noteware earned her most notable trial victory in Cook v. Rockwell Int’l Corp. (D. Colo.), in which a jury awarded her clients – thousands of people who owned property near the former Rocky Flats nuclear weapons facility – $554 million after a four-month trial. Along with the team, Ms. Noteware won the “Trial Lawyer of the Year” award from the Public Justice Foundation for her efforts.

Ms. Noteware has also successfully litigated employment, consumer, securities, and breach fiduciary duty class action cases under the Employee Retirement Income Securities Act (“ERISA”). In the Qwest securities litigation, Ms. Noteware secured a $45 million opt-out settlement for the State of New Jersey. Her ERISA settlements include In re Lucent Technologies, Inc. ERISA Litigation (D.N.J.) ($69 million settlement); and  In re Nortel Networks Corp. ERISA Litigation (M.D. Tenn.) ($21 million settlement).

Ms. Noteware is a graduate of Cornell University (B.S. 1989) and the University of Wisconsin-Madison Law School (J.D. 1993) where she won the Daniel H. Grady Prize for the highest grade point average in her class, served as Managing Editor of the Law Review, and earned Order of the Coif honors. Ms. Noteware clerked for the Honorable J. Calvitt Clarke, Jr. in the Eastern District of Virginia. She is currently a member of the Pennsylvania, New York, and District of Columbia bars and is the mother of two grown daughters and an adorable Shiba Inu.

Professional Leadership

  • Chair of Berger Montague’s Pro Bono program.
  • Pro Bono attorney for: Support Center for Child Advocates, which offers free legal and social services to Philadelphia’s abused and neglected children.
  • Volunteers for the Indigent Program, providing civil legal services for the poor.

Prominent Judgments and Settlements

  • New Jersey v. Qwest, (NJ Superior Court) opt-out securities fraud litigation which settled for $45 million;
  • In re TriCor Antitrust Litig., (D. Del.) direct purchaser antitrust action alleging brand name pharmaceutical company delayed generic competition settled in 2009 for $250 million;
  • Meijer, Inc. v. Abbott Laboratories, (N.D. Cal.) $52 million settlement in direct purchaser antitrust case involving the HIV medication Norvir;
  • Cook v. Rockwell Corp., (D. Colo.) jury verdict of $554 million in environmental contamination action; The jury verdict, in that case, was vacated on appeal, and proceedings are continuing in the district court;
  • In re Nortel Networks Corp. ERISA Litig., (M.D. Tenn.) breach of fiduciary duty action settled for $21.5 million.
  • In re Namenda Direct Purchaser Antitrust Litigation (S.D.N.Y.) $750 million settlement, the largest single-defendant settlement in U.S. history at the time for a case alleging delayed generic competition.
  • Le v. Zuffa, LLC (D. Nev.) a $375 million settlement for UFC fighters received preliminary approval on October 22, 2024. The case alleged the UFC conducted an illegal scheme to eliminate competition in the sport of Mixed Martial Arts.
  • In Re: Broiler Chicken Grower Antitrust Litigation (E.D. Okla.) a $169 million settlement was obtained with the five largest chicken processing companies—the largest-ever recovery of its kind for growers against chicken processing companies.
  • Henry, et al. v. Brown University, et al. (N.D. Ill.) $284 million in settlements have been obtained to date in this antitrust class action against a group of elite universities for allegedly colluding to artificially reduce financial aid.
  • In re Loestrin 24 Fe Antitrust Litigation (D.R.I.). direct purchaser antitrust action which settled for $120 million.
  • In re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (E.D.N.Y.) antitrust class action litigation on behalf of a class of direct purchasers of Restasis which settled for $51.25 million settlement.
  • In re Celebrex (Celecoxib) Antitrust Litigation  (E.D. Va.) an antitrust action against Pfizer which resulted in a $94 million settlement for the class of direct purchasers of brand and generic Celebrex (celecoxib).
  • In Re: Zetia (Ezetimibe) Antitrust Litigation (E.D. Va.) direct purchaser antitrust action which resulted in a confidential settlement.
  • In re Suboxone (Buprenorphine Hydrochloride and Naloxone) Antitrust Litigation (E.D. Pa.) direct purchaser antitrust action against Reckitt Benckiser Pharmaceuticals, Inc. (now known as Indivior Inc.) which settled for $385 million.
  • Justison, et al. v. McDonald’s Corporation (D. Del.) wage and hour lawsuit against McDonald’s Corporation which resulted in a $2.42 million settlement.
  • Cortez v. Nebraska Beef (D. Neb.) unpaid overtime lawsuit on behalf of a class of non-exempt employees which settled for $3.9 million.
  • In re Androgel Antitrust Litigation (N.D. Ga.)
  • Meijer Inc. v. Warner Chilcott Holdings Company III Ltd. (D.D.C.)
  • In re SPX Corporation ERISA Litigation (W.D.N.C.)
  • Dougherty v. University of Chicago (N.D. Ill.)
  • Nicolas v. Trustees of Princeton University (D.N.J.)
  • Gociman v. Loyola University of Chicago (N.D. Ill.)
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Honors & Awards

  • American Antitrust Institute’s award for Outstanding Antitrust Litigation Achievement In Private Law Practice in 2024 and 2023.
  • The Legal Intelligencer Class Action Litigation Department of the Year (Finalist) 2022
  • Winner of The Legal Intelligencer‘s 2021 Unsung Hero Award
  • Winner of AAI’s 2020 Outstanding Antitrust Litigation Achievement in Private Practice Award for her work on In re Namenda Direct Purchaser Antitrust Litigation
  • Named a Lawdragon 500 Leading Plaintiff Financial Lawyer (2019 – 2020), 2022, and 2024
  • Member of team that received 2009 Public Justice Foundation Trial Lawyer of the Year Award
  • Pennsylvania Super Lawyer 2022 and 2024.

Admissions

  • Supreme Court of Pennsylvania – November 25, 1998, Bar #82711
  • USDC for the Eastern District of Penna. – February 10, 1999
  • State of New York, Supreme Court, Appellate Division, Third Judicial Dept. – April 18, 1995; Registration Number: 2678365
  • District of Columbia, March 8, 1996, Bar #449968
  • USDC for the District of Columbia – August 5, 1996
  • USDC for the Eastern District of Michigan – June 13, 2017
  • USDC for the Eastern District of New York – December 19, 2018
  • USDC for the Northern District of New York – July 30, 2013, Bar #518275
  • USDC for the Southern District of New York – April 18, 2017, EN8487
  • USDC for the Central District of Illinois – November 10, 2015
  • USDC for the Northern District of Illinois – July 24, 2017
  • U.S. Court of Appeals for the District of Columbia, June 7, 2023, Bar # 64612
  • U.S. Court of Appeals for the 1st Circuit, September 20, 2012, Bar #1141521
  • U.S. Court of Appeals for the 2nd Circuit – May 2, 2018
  • U.S. Court of Appeals for the 3rd Circuit – November 21, 2000
  • U.S. Court of Appeals for the 4th Circuit – November 18, 2020
  • U.S. Court of Appeals for the 7th Circuit – February 5, 2021

Clerkships

  • Law clerk to the Honorable J. Calvitt Clarke, Jr., Eastern District of Virginia