Cases & Investigations

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.

Creative Dimensions and Management, Inc. v. Thomas Group, Inc.

Berger Montague defended this case against a claim for $30 million for breach of contract.

Erie Power Technologies, Inc. v. Aalborg Industries

Berger Montague represented a trustee in bankruptcy against officers and directors and the former corporate parent and obtained a very favorable confidential settlement.

Fitz, Inc. v. Ralph Wilson Plastics, Co.

The firm served as sole lead counsel and obtained, after 7 years of litigation, in 2000 a settlement whereby fabricator class members could obtain full recoveries for their losses resulting from defendants’ defective contact adhesives.

Forbes v. GMH

Berger Montague represented a private real estate developer/investor who sold a valuable apartment complex to GMH for cash and publicly-held securities.

Gray v. Gessow

Berger Montague represented a litigation trust and brought two actions, one against the officers and directors of Sunterra Inc., an insolvent company, and the second against Sunterra’s accountants, Arthur Andersen, and obtained an aggregate settlement of $4.5 million.

Kelly v. McKesson HBOC, Inc.

Berger Montague represented a group of private shareholders who sold their companies to a large publicly-held corporation in exchange for $103.5 million in stock. The case settled for a confidential sum on the eve of trial for a percentage of plaintiffs’ damages far greater than plaintiffs would have received from a related class action.

  • Settled
  • Commercial Litigation, Securities & Investor Protection
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MF Global Litigation

Berger Montague filed a Consolidated Amended Class Action Complaint on November 5, 2012, in which it alleged that individuals and entities associated with the MF Global debacle — including PricewaterhouseCoopers LLP, CME Group, Inc., and former Senator Jon Corzine — violated numerous laws, including the Commodity Exchange Act, when more than $1 billion disappeared from MF Global’s customers’ accounts.

  • Settled
  • Commercial Litigation, Commodities & Financial Instruments
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Moglia v. Harris

Berger Montague represented a liquidating trustee against the officers of U.S. Aggregates, Inc. and obtained a settlement of $4 million.

Provident American Corp. and Provident Indemnity Life Insurance Company v. The Loewen Group, Inc. and Loewen Group International, Inc.

Berger Montague settled this individual claim, alleging a 10-year oral contract (despite six subsequent writings attempting to reduce terms to writing, each with materially different terms added, all of which were not signed), for a combined payment in cash and stock of the defendant in the amount of $30 million.

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