Jonathan Berger is a shareholder in the Employment and
Commercial Litigation practice groups at Berger &
Montague. Mr. Berger concentrates his practice on the
prosecution of class actions, collective actions and multiple
plaintiff litigation on behalf of employees, consumers, and
shareholders across the country.
Mr. Berger also serves as counsel for several commercial
hydraulic manufacturers and other companies. As
counsel, Mr. Berger provides legal services relating
to corporate, commercial, employment, and other business
activities.
Since joining the firm in September 1987, Mr. Berger has been
involved in class actions and complex commercial litigation
including the Exxon Valdez
Oil Spill Litigation; In re Asbestos School
Litigation, Master File No. 83-0268 (E.D. Pa); In re
Domestic Airlines Antitrust Litigation, 137 F.R.D. 677 (N.D.
Ga. 1991); Ford/Firestone MDL Litigation; Unisys ERISA
Benefits Litigation; Commercial Explosives Antitrust
Litigation; and Vitamins Antitrust Litigation.
Mr. Berger has also prosecuted complex multi-party litigation
involving hydraulic engineered systems.
Mr. Berger has recently litigated wage & hours cases in
federal and state courts including: Chabrier v. Wilmington
Finance, Inc., No. 06-4176 (E.D. Pa.). Mr.
Berger obtained a settlement of $2.9 million on behalf of
retail loan officers who worked in four offices of Wilmington
Finance, Inc. to resolve claims for unpaid overtime wages and
related penalties. A significant opinion issued in the case is
Chabrier v. Wilmington
Finance, Inc., 2008 WL 938872 (E.D. Pa. April 04, 2008)
(denying the defendant's motion to decertify the class); and Espinosa
v. National Beef California, L.P., No. ECU04657 (Cal.
Super. Ct.) ($3.35 million settlement).
Prominent Judgments & Settlements
- In re Exxon
Valdez Oil Spill Litigation: On September 16, 1994, a jury
trial of several months duration resulted in a record punitive
damages award of $5 billion against the Exxon defendants as a
consequence of one of the largest oil spills in U.S. history.
The award was reduced to $507.5 million pursuant to a Supreme Court
decision. (No. A89‑0095‑CVCHRH (D. Alaska)).
- In re School Asbestos
Litigation, As co-lead counsel, the firm
successfully litigated a case in which a nationwide class of
elementary and secondary schools and school districts suffering
property damage as a result of asbestos in their buildings were
provided relief. Pursuant to an approved settlement, the
class received in excess of $70 million in cash and $145 million in
discounts toward replacement building materials. (No. 83‑0268 (E.D.
Pa.)).
- Espinosa v. National Beef
California, L.P., No. ECU04657 (Cal. Super. Ct.) ($3.35
million settlement)
- Chabrier v. Wilmington
Finance, Inc., No. 06-4176 (E.D. Pa.) ($2.9 million
settlement)