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;
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
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
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
- 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;
re Nortel Networks Corp. ERISA Litig., (M.D. Tenn.)
breach of fiduciary duty action settled for $21.5 million.