Shanon J. Carson

Shanon J. Carson is a shareholder at Berger & Montague. He is the chair of the firm's Employment Law Department, and a member of the firm's Employee Benefits/ERISA, Consumer Protection and Corporate Governance Departments.

Mr. Carson 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. Carson has served as lead or co-lead counsel in a large number of class actions in federal and state courts across the country, including:

Employees Committed for Justice v. Eastman Kodak Company, No. 6:04-cv-06098 (W.D.N.Y.). Co-Lead Counsel. Mr. Carson obtained a settlement of $21.4 million on behalf of a nationwide class of African American employees of Kodak alleging a pattern and practice of racial discrimination (pending final approval). A significant opinion issued in the case is Employees Committed For Justice v. Eastman Kodak Co., 407 F.Supp.2d 423 (W.D.N.Y. 2005) (denying Kodak's motion to dismiss).

Salcido v. Cargill Meat Solutions Corp., Civil Action Nos. 1:07-cv-01347-LJO-GSA and 1:08-cv-00605-LJO-GSA (E.D. Cal.). Co-Lead Counsel. Mr. Carson obtained a settlement of $7.5 million on behalf of a class of thousands of employees of Cargill Meat Solutions Corp. alleging that they were forced to work off-the-clock and during their meal and rest breaks. This is one of the largest settlements of this type of case involving a single plant in U.S. history.

Miller v. Hygrade Food Products, Inc., No. 99-1087 (E.D. Pa.). Lead Counsel. Mr. Carson obtained a settlement of $3.5 million on behalf of a group of African American employees of Sara Lee Foods Corp. to resolve charges of racial discrimination and retaliation at its Ball Park Franks plant in Philadelphia, PA.

Chabrier v. Wilmington Finance, Inc., No. 06-4176 (E.D. Pa.). Co-Lead Counsel. Mr. Carson 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).

Bonnette v. Rochester Gas & Electric Co., No. 07-6635 (W.D.N.Y.). Co-Lead Counsel. Mr. Carson obtained a settlement of $2 million on behalf of a class of African American employees of Rochester Gas & Electric Co. to resolve charges of racial discrimination in hiring, job assignments, compensation, promotions, discipline, terminations, retaliation, and a hostile work environment.

Confidential.  Lead Counsel.  Mr. Carson obtained a settlement of $6 million on behalf of a group of African American employees of a Fortune 100 company to resolve claims of racial discrimination, as well as injunctive relief which included significant changes to the Company's employment practices (settled out of court while Charges of Discrimination were pending with the U.S. Equal Employment Opportunity Commission).

Drayton v. Pilgrim's Pride Corp., No. 03-2334 (E.D. Pa.).  Mr. Carson served as counsel in a consolidation of wrongful death and other catastrophic injury cases brought against two manufacturers of turkey products, arising out of a 2002 outbreak of Listeria Monocytogenes in the Northeastern United States, which resulted in the recall of over 32 million pounds of turkey - the second largest meat recall in U.S. history. A significant opinion issued in the case is Drayton v. Pilgrim's Pride Corp., 472 F.Supp.2d 638 (E.D. Pa. 2006) (denying the defendants' motions for summary judgment and applying the alternative liability doctrine). All of the cases settled on confidential terms in 2006.

Aldridge v. A.T. Cross Corp., Civil Action 00203 ML (D.R.I.). Mr. Carson represented a class of investors in a securities fraud class action against the A.T. Cross Company, and won a significant victory in the U.S. Court of Appeals for the First Circuit when that Court reversed the dismissal of the Complaint and lessened the pleading standard for such cases in the First Circuit, holding that it would not require Plaintiffs in a shareholder suit to submit proof of financial restatement in order to prove revenue inflation. See Aldridge v. A.T. Cross Corp., 284 F.3d 72 (1st Cir. 2002). The case ultimately settled for $1.5 million.

Mr. Carson currently serves as lead or co-lead counsel in many class action and collective action lawsuits pending in federal and state courts across the United States, including on behalf of thousands of individuals seeking unpaid wages and overtime compensation who work at meat and poultry plants, call centers, fast food restaurants, school bus companies, courier services, and in white collar and government jobs. In the area of wage and hour law, Mr. Carson is recently responsible for a string of decisions in the federal courts certifying classes of low wage workers in the meat and poultry industries alleging that they have been forced to work off the clock and during meal and rest breaks. See, e.g., Cortez v. Nebraska Beef, Inc., Nos. 8:08CV90, 8:08CV99, --- F.R.D. ---, 2010 WL 604629 (D. Neb. Feb. 16, 2010) (denying motion to dismiss and certifying class).

Mr. Carson is also currently co-lead counsel in Jantz v. Social Security Administration, EEOC Case No.: 531-2006-00276X.  On October 8, 2008, the EEOC certified a nationwide class of over a thousand employees of the Social Security Administration who have severe disabilities and who have alleged discrimination with respect to promotions for which they were deemed to be qualified.

Mr. Carson also serves as counsel to The Multihull Company, Inc., an international distributor of fine yachts and catamarans.

Mr. Carson is also active in non-profit and professional organizations and is available for speaking engagements concerning the U.S. civil law system, class actions and collective actions, employment law, and other legal issues.

While in law school, Mr. Carson was senior editor of the Dickinson Law Review.