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Jonathan D. Berger

Shareholder
P: 215.875.4667
F: 215.875.4604
jdberger@bm.net Download vCard

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)
  • Justison v. McDonalds Corp., No. 08-cv-448 (D. Del.) (as co-lead counsel, obtained a $2.4 million settlement on behalf of hundreds of assistant manager trainees alleging claims for unpaid overtime wages)