Jonathan Berger is a shareholder in the Commercial Litigation
and Employment Law 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
Mr. Berger also serves as counsel for several commercial
hydraulic manufacturers and other companies. As counsel, Mr.
Berger is engaged in litigation, corporate, commercial, employment,
and governmental regulatory compliance matters as well as other
business related activities.
Since joining the firm in November 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 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);
Espinosa v. National Beef California, L.P., No. ECU04657
(Cal. Super. Ct.) ($3.35 million settlement); and
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).
Currently, Mr. Berger is also engaged in a variety of military
defense, healthcare and other Whistleblower, Qui Tam and False
Claim Act cases.
Mr. Berger graduated from the University of Pennsylvania (B.S.
Economics, Wharton School, 1980) and the Widener University
Delaware Law School (J.D., 1985). During and after law school, Mr.
Berger served as a law clerk for the Honorable Charles P. Mirarchi,
Jr, Administrative Judge, Civil Division, Court of Common Pleas of
Philadelphia County, PA.
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.
- Espinosa v. National Beef
California, L.P., No. ECU04657 (Cal. Super. Ct.) ($3.35
- Chabrier v. Wilmington
Finance, Inc., No. 06-4176 (E.D. Pa.) ($2.9 million
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