Jonathan D. Berger
Jonathan Berger is a shareholder in the Commercial Litigation and Employment Law practice groups at Berger Montague. Mr. Berger concentrates his practice on the prosecution of class actions, collective actions, and multiple plaintiff litigation on behalf of employees, consumers, and shareholders across the country.
Mr. Berger also serves as counsel for several commercial hydraulic manufacturers and other companies. As counsel, Mr. Berger is engaged in litigation, corporate, commercial, employment, and governmental regulatory compliance matters as well as other business related activities.
Since joining the firm in November 1987, 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 & hours cases in federal and state courts including: Chabrier v. Wilmington Finance, Inc., No. 06-4176 (E.D. Pa.). Mr. Berger obtained a settlement of $2.9 million on behalf of retail loan officers who worked in four offices of Wilmington Finance, Inc. to resolve claims for unpaid overtime wages and related penalties. A significant opinion issued in the case is Chabrier v. Wilmington Finance, Inc., 2008 WL 938872 (E.D. Pa. April 04, 2008) (denying the defendant’s motion to decertify the class); 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.) (as co-lead counsel, obtained a $2.4 million settlement on behalf of hundreds of assistant manager trainees alleging claims for unpaid overtime wages).
Currently, Mr. Berger is also 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 Judgements and Settlements
- In re Exxon Valdez Oil Spill Litigation: On September 16, 1994, a jury trial of several months duration 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.) (as co-lead counsel, obtained a $2.4 million settlement on behalf of hundreds of assistant manager trainees alleging claims for unpaid overtime wages)