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Ellen T. Noteware

Senior Counsel
P: 215.875.3051
F: 215.875.4604
enoteware@bm.net Download vCard

Ellen T. Noteware is a graduate of Cornell University (B.S. 1989) and the University of Wisconsin-Madison Law School (J.D. cum  laude 1993) where she won the Daniel H. Grady Prize for the highest grade point average in her class, served as Managing Editor of the Law Review, and earned Order of the Coif honors.  She is currently a member of the Pennsylvania and New York bars.

Since joining Berger & Montague, Ms. Noteware has successfully represented investors, retirement plan participants, employees, consumers and direct purchasers of prescription drug products in a variety of class action cases.  Ms. Noteware currently concentrates her practice on prosecuting antitrust class actions on behalf of direct purchasers of brand name drugs who are harmed when brand companies block cheaper generic competitors from entering the market.  To date, five of her cases have resulted in substantial settlements: In re Ovcon Antitrust Litigation,(D.D.C.) $22 million;  In re Tricor Direct Purchaser Antitrust Litigation, (D. Del.) $250 million; In re Oxycontin Antitrust Litig., (S.D.N.Y.) $16 million; Meijer, Inc. v. Abbott Laboratories, (N.D. Cal.) (Norvir) $52 million; and In re Metoprolol Succinate Direct Purchaser Antitrust Litigation, (D. Del.) $20 million.

Ms. Noteware is also extensively involved in litigation Employee Retirement Income Securities Act ("ERISA") breach of fiduciary duty class action cases.  Her ERISA settlements include: In re Nortel Networks Corp. ERISA Litigation (M.D. Tenn.) $21 million; In re Lucent Technologies, Inc. ERISA Litigation (D.N.J.) $69 million;  In re SPX Corporation ERISA Litigation (W.D. N.C.) $3.6 million.  Ms. Noteware is currently actively litigating two ERISA cases against financial institutions who operated improper securities lending programs.

As a key member of the trial team that litigated Cook v. Rockwell Corp. (D. Colo.), Ms. Noteware helped secure the largest jury verdict in Colorado history and the third largest jury trial verdict nationwide in 2006 -- $554 million on behalf of thousands of individuals who owned property near the contaminated former Rocky Flats nuclear weapons facility outside Denver, Colorado.  Ms. Noteware and the rest of the trial team received the Trial Lawyer of the Year Award from the Public Justice Foundation in recognition of the efforts.

Prominent Judgments & Settlements

  • New Jersey v. Qwest, (NJ Superior Court) opt-out securities fraud litigation which settled for $45 million;
  • In re TriCor Antitrust Litig., (D. Del.) direct purchaser antitrust action alleging brand name pharmaceutical company delayed generic competition settled in 2009 for $250 million;
  • Meijer, Inc. v. Abbott Laboratories, (N.D. Cal.) $52 million settlement in direct purchaser antitrust case involving the HIV medication Norvir;
  • Cook v. Rockwell Corp., (D. Colo.) jury verdict of $554 million in environmental contamination action; The jury verdict in that case was vacated on appeal, and proceedings are continuing in the district court;
  • In re Nortel Networks Corp. ERISA Litig., (M.D. Tenn.) breach of fiduciary duty action settled for $21.5 million.