Martin I. Twersky is a shareholder in the Antitrust Department
at Berger & Montague. He has considerable experience in
litigation involving a wide range of industries including oil and
gas, banking, airline, waste hauling, agricultural chemicals and
other regulated industries. For more than 30 years, Mr.
Twersky has successfully represented numerous plaintiffs and
defendants in both individual and class actions pending in state
and federal courts.
Mr. Twersky has played a leading role in the following class
action cases among others:
In re Linerboard Antitrust Litigation (E.D. Pa.) (as a
member of the Executive Committee, he helped obtain settlements of
more than $200 million dollars and he received specific praise from
the court for co-managing the major discovery effort;
see 2004 WL 1221350 at *10);
In re Graphite Antitrust Litigation (E.D.
Pa.) (settlements of more than $120 million dollars);
In re Catfish Antitrust Litigation (N.D. Miss.) (as a
member of the trial team he helped obtained settlements of more
than $27 million dollars); In re Revco Securities
Litigation (N.D. Ohio) ("Junk Bond" class action where
settlements of $36 million were reached and where he received
judicial praise from Senior District Court Judge William K. Thomas
for the "specialized, highly competent and effective quality of the
legal services." See 1993 CCH Fed Sec. L. Rep.
at Para. 97,809);
Bogosian v. Gulf Oil (E.D. Pa.) (landmark
litigation with settlements and injunctive relief on behalf of a
nationwide class of gasoline dealers); and Lease Oil
Antitrust (S.D. Tex.), where in a significant class action
decision, the Fifth Circuit affirmed the granting of an injunction
prohibiting settlements in related state court actions
(see 200 F.3d 317 (5th Cir. 2000), cert.
denied, 530 U.S. 1263). Mr. Twersky was appointed one of the
co-lead counsel in In re Abrasive Grains Antitrust
Litig. (95-cv-7574) (W.D.N.Y.).
Mr. Twersky has also played a key role in various non-class
action cases, such as Kutner Buick v. America Motors,
848 F.2d 614 (3rd Circuit 1989) (breach of contract) (cited in the
Advisory Committee Notes to the 1991 Amendment to Rule 50, Fed. R.
Civ. P.), Florham Park v. Chevron (D.N.J. 1988)
(Petroleum Marketing Act case), and Frigitemp v. IDT
Corp., 638 F. Supp. 916 (S.D. N.Y. 1986) and 76 B.R.
275, 1987 LEXIS 6547 (S.D. N.Y. 1987) (RICO case brought by the
Trustee of Frigitemp Corp. against General Dynamics and others
involving extortion of kickbacks from Frigitemp officers).
Mr. Twersky also served prominently in savings-and-loan related
securities and fraud litigation in federal and state courts in
Florida, where the firm represented the Resolution Trust
Corporation and officers of a failed bank in complex litigation
involving securities, RICO and breach of fiduciary duty
claims. E.g., Royal Palm v. Rapaport, Civ. No.
88-8510 (S.D. Fla.) and Rapaport v. Burgoon,
CL-89-3748 (Palm Beach County).