Jonathan D. Berger

Biography

Mr. Berger concentrates his practice on the prosecution of class actions, collective actions, and multiple plaintiff litigations on behalf of employees, consumers, and shareholders.

Mr. Berger serves as counsel for several commercial hydraulic manufacturers and other companies, and is engaged in litigation, corporate, commercial, employment, and governmental regulatory compliance matters on behalf of his clients.

Mr. Berger has been involved in class actions and complex commercial litigation including the Exxon Valdez Oil Spill Litigation; In re Asbestos School Litigation, Master File No. 83-0268 (E.D. Pa); In re Domestic Airlines Antitrust Litigation, 137 F.R.D. 677 (N.D. Ga. 1991); Ford/Firestone MDL Litigation; Unisys ERISA Benefits Litigation; Commercial Explosives Antitrust Litigation; and Vitamins Antitrust Litigation.  Mr. Berger has also prosecuted complex multi-party litigation involving hydraulic engineered systems.

Mr. Berger has litigated wage & hour cases in federal and state courts including Chabrier v. Wilmington Finance, Inc., No. 06-4176 (E.D. Pa.), in which Mr. Berger obtained a settlement of $2.9 million on behalf of retail loan officers who worked in four offices of Wilmington Finance, Inc.; Espinosa v. National Beef California, L.P., No. ECU04657 (Cal. Super. Ct.) ($3.35 million settlement); and Justison v. McDonalds Corp., No. 08-cv-448 (D. Del.) ($2.4 million settlement on behalf of hundreds of assistant manager trainees alleging claims for unpaid overtime wages).

Currently, Mr. Berger is engaged in a variety of military defense, healthcare, and other Whistleblower, Qui Tam and False Claim Act cases.

Mr. Berger graduated from the University of Pennsylvania (B.S. Economics, Wharton School, 1980) and the Widener University Delaware Law School (J.D., 1985). During and after law school, Mr. Berger served as a law clerk for the Honorable Charles P. Mirarchi, Jr, Administrative Judge, Civil Division, Court of Common Pleas of Philadelphia County, PA.

Prominent Judgments and Settlements

  • In re Exxon Valdez Oil Spill Litigation: On September 16, 1994, a jury trial resulted in a record punitive damages award of $5 billion against the Exxon defendants as a consequence of one of the largest oil spills in U.S. history.  The award was reduced to $507.5 million pursuant to a Supreme Court decision.  (No. A89‑0095‑CVCHRH (D. Alaska)).
  • In re School Asbestos Litigation:  As co-lead counsel, the firm successfully litigated a case in which a nationwide class of elementary and secondary schools and school districts suffering property damage as a result of asbestos in their buildings were provided relief.  Pursuant to an approved settlement, the class received in excess of $70 million in cash and $145 million in discounts toward replacement building materials. (No. 83‑0268 (E.D. Pa.)).
  • Espinosa v. National Beef California, L.P., No. ECU04657 (Cal. Super. Ct.) ($3.35 million settlement)
  • Chabrier v. Wilmington Finance, Inc., No. 06-4176 (E.D. Pa.) ($2.9 million settlement)
  • Justison v. McDonalds Corp., No. 08-cv-448 (D. Del.) ($2.4 million settlement on behalf of hundreds of assistant manager trainees alleging claims for unpaid overtime wages)

Credentials

Education:

Law School

Widener University School of Law, J.D., 1985

Undergraduate

Wharton School of the University of Pennsylvania, B.S., 1980

Admissions

Member – Pennsylvania Bar

Admitted – Eastern District of Pennsylvania


Clerkships

Honorable Charles P. Mirarchi, Jr., Court of Common Pleas of Philadelphia, 1986-1987


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