Court Taps Berger Montague as Co-Lead Counsel in Construction Equipment Price-Fixing MDL
On October 10, 2025, the Honorable Sara L. Ellis of the U.S. District Court for the Northern District of Illinois appointed Berger Montague PC as Co-Lead Counsel, along with DiCello Levitt LLP, in In re Construction Equipment Rental Antitrust Litigation, MDL No. 3152 (N.D. Ill.). Judge Ellis also appointed a Plaintiffs’ Steering Committee consisting of Lockridge Grindal Nauen P.L.L.P., FeganScott LLC, Gustafson Gluek PLLC, Garwin Gerstein & Fisher LLP, Cuneo Gilbert & LaDuca LLP, and Freed Kanner London & Millen LLC.
This antitrust MDL addresses alleged misconduct that strikes at the core of the nation’s housing, commercial centers, and infrastructure. Plaintiffs allege that construction equipment giants—including United Rentals, Inc., Sunbelt Rentals, Inc., and Herc Rentals Inc. (the “Rental Company Defendants”)—conspired with Rouse Services LLC (“Rouse”) to fix rental prices through a shared pricing platform. The alleged scheme forced American businesses and workers to pay inflated prices for excavators, cranes, and other equipment essential to construction.
Berger Montague played a central role in developing this case from its inception—filing the first complaint in April 2025, coordinating with co-counsel nationwide, and presenting oral argument before the Judicial Panel on Multidistrict Litigation in Idaho, which centralized the litigation before Judge Ellis. The firm also briefed and argued the leadership motion that resulted in its appointment as Co-Lead Counsel. Berger Montague’s team—Eric L. Cramer, Michaela Wallin, Daniel Walker, Zachary D. Caplan, Sarah R. Zimmerman, and Susan Leo—will continue to lead the case on behalf of the proposed class.
“We are grateful for the Court’s confidence in appointing Berger Montague as Co-Lead Counsel,” said Zachary D. Caplan, a Shareholder in Berger Montague’s Antitrust Department. “This appointment reflects the dedication of our team, and we look forward to pursuing justice for hardworking Americans harmed by this anticompetitive conduct.”
The case is In re Construction Equipment Rental Antitrust Litigation, MDL No. 3152, pending in the U.S. District Court for the Northern District of Illinois.
Berger Montague is one of the nation’s preeminent law firms focusing on complex civil litigation, class actions, and mass torts. With more than $2.4 billion in 2025 post-trial judgments alone, the Firm is a leader in the fields of complex litigation, antitrust, consumer protection, defective products, environmental law, employment law, securities, and whistleblower cases, among many other practice areas. For over 55 years, Berger Montague has played leading roles in precedent-setting cases and has recovered over $50 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago; Malvern, PA; Minneapolis; San Diego; San Francisco; Toronto, Canada; Washington, DC, and Wilmington, DE.
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