Cases & Investigations

Abessinio v. Ernst & Young LLP

On June 6, 2006, investors in Ernst & Young’s PICO tax shelter represented by Berger & Montague brought suit against Ernst & Young, among other defendants in a case captioned Abessinio v. Ernst & Young LLP, et al., 106 Civ. 02777 (LTS) (S.D.N.Y.). Berger & Montague and Ernst & Young used a creative structure of a […]

Adams Golf

Berger & Montague serves as lead counsel in a federal securities class action brought against Adams Golf and its top officers and directors in connection with Adams Golf’s initial public offering (the “IPO”) in 1998. The case also names as defendants the underwriters for the IPO.

Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc. Lawsuit

Berger & Montague was appointed co-lead class counsel to represent a class of physicians and other direct purchasers of vaccines from defendant Sanofi Pasteur Inc. (“Sanofi”). Plaintiffs charge that Sanofi has used a network of physician buying groups to implement a web of anticompetitive product bundling agreements.

Aetna HIV Medication Privacy Breach Class Action Lawsuit

This lawsuit involved a massive privacy breach, in which insurance company Aetna violated the privacy rights of thousands of its customers by exposing their highly private and confidential information regarding prescriptions for HIV medication.

  • Settled
  • Technology, Privacy & Data Breach
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Alcatel Alshthom Securities Litigation

In 2001, the firm, as co-lead counsel, obtained a class settlement for investors of $75 million cash.

American Hotel Holdings, Co. v. Ocean Hospitalites, Inc.

Berger & Montague defended against a claim for approximately $16 million and imposition of a constructive trust, arising out of the purchase of the Latham Hotel in Philadelphia.

Anthem Inc. Data Security Breach Litigation

On February 16, 2015, Berger & Montague filed a class action complaint against health insurer Anthem, Inc. arising from Anthem’s massive data breach. Computer hackers accessed Anthem’s computer servers and stole the personal and financial information of approximately 80 million Anthem customers and other individuals.

  • Settled
  • Technology, Privacy & Data Breach
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Arnett v. Bank of America

Berger & Montague was Co-Lead Class Counsel in a nationwide class action settlement in the United States District Court for the District of Oregon. The action alleged that Bank of America, N.A. schemed to require certain borrowers to (1) purchase flood insurance at inflated cost due to the bank’s conduct, and (2) purchase flood insurance coverage in excess of the amount required by their mortgage contract or federal law.

  • Settled
  • Consumer Protection, Insurance Fraud, Predatory Lending and Borrowers' Rights
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Ashland Oil Spill Litigation

The firm, led by Harold Berger, served as co-lead counsel and obtained a $30 million settlement for damages resulting from a very large oil spill.

Ashworth Securities Litigation

As co-lead counsel representing the New Hampshire Retirement System, Berger & Montague also helped secure substantial corporate governance benefits.

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