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Berger & Montague Cases

Abessinio v. Ernst & Young LLP

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Corporate Governance & Shareholder Rights
On June 6, 2006, investors in Ernst & Young's PICO tax shelter represented by Berger & Montague brought suit against Ernst & Young, among other defendants in a case captioned Abessinio v. Ernst & Young LLP, et al., 106 Civ. 02777 (LTS)...

Abilify Lawsuits for Compulsive Gambling

Practice Area(s): Consumer Protection
Berger & Montague has filed a claim on behalf of patients throughout the country who take or have taken Abilify, an antipsychotic drug.

Adams Golf

Status:Settled
Settlement Amount: $16.5 million
Practice Area(s): Securities Litigation
Berger & Montague serves as lead counsel in a federal securities class action brought against Adams Golf and its top officers and directors in connection with Adams Golf's initial public offering (the "IPO") in 1998. The case also names as...

Adriana Castro, M.D., P.A., et al. v. Sanofi Pasteur Inc. Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague was appointed co-lead class counsel to represent a proposed class of physicians and other direct purchasers of vaccines from defendant Sanofi Pasteur Inc. ("Sanofi"). Plaintiffs charge that Sanofi has used a network of physician...

Air Cargo Antitrust Litigation

Status:Pending
Settlement Amount: $500 million (partial)
Practice Area(s): Antitrust
Berger & Montague serves as counsel for a proposed class of direct purchasers of air cargo shipping services providers in an antitrust class action against the world's major providers of air cargo shipping services. Plaintiffs allege that from at...

Alaska Postal Service Worker Lawsuit: Illegal Background Check Issues at USPS

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who applied to work at the United States Postal Service (USPS) in Alaska between December 2014 and October 2015.

Alcatel Alshthom Securities Litigation

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Securities Litigation
In 2001, the firm, as co-lead counsel, obtained a class settlement for investors of $75 million cash

Aldridge v. A.T. Cross Corp.

Status:Settled
Settlement Amount: $1.5 million
Practice Area(s): Securities Litigation
The firm represented a class of investors in a securities fraud class action against the A.T. Cross , 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.

Amador v. The Brickman Group, Ltd., LLC Lawsuit

Status:Pending
Practice Area(s): Employment Law
Class action and collective action filed against The Brickman Group, Ltd., LLC on behalf of all supervisors, alleging The Brickman Group violated federal and state wage laws by paying overtime at only half-time, rather than at a rate of time and one-half the required regular rate.

American Business Financial Services Lawsuit

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague serves as lead counsel in a federal securities class action brought against top officers and directors of the now-bankrupt American Business Financial Services ("American Business"). Plaintiffs charge that defendants made false...

American Hotel Holdings, Co. v. Ocean Hospitalites, Inc.

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague defended against a claim for approximately $16 million and imposition of a constructive trust, arising out of the purchase of the Latham Hotel in Philadelphia. Berger & Montague settled the case for less than the cost of the...

AOL, Inc.

Status:Securities - 60 day window open
Practice Area(s): Securities Litigation

Arnett v. Bank of America

Status:Settled
Settlement Amount: $31 million
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
The firm was co-lead counsel in this nationwide class action in the United States District Court for the District of Oregon alleging that Bank of America requires certain borrowers to purchase flood insurance in excess of what their mortgage contract and federal law requires. The case settled for $31 million.

Art Materials Antitrust Litigation

Status:Settled
Settlement Amount: $7.5 million
Practice Area(s): Antitrust
Berger & Montague acted as one of the Court appointed lead counsel on behalf of a certified class of purchasers of art materials, products used extensively by children and regulated by the government, including crayons oil paints and finger paints,...

Ashland Oil Spill Litigation

Status:Settled
Settlement Amount: $30 million
Practice Area(s): Environmental & Mass Tort
The firm led by Harold Berger served as co-lead counsel and obtained a $30 million settlement for damages resulting from a very large oil spill.

Ashworth Securities Litigation

Status:Settled
Settlement Amount: $15.25 million
Practice Area(s): Corporate Governance & Shareholder Rights , Securities Litigation
As co-lead counsel representing the New Hampshire Retirement System, Berger & Montague also helped secure substantial corporate governance benefits. A substantial monetary recovery ($15.25 million) was coupled with wide-ranging corporate governance...

Automotive Refinishing Paint Antitrust Litigation

Status:Settled
Settlement Amount: $105 million
Practice Area(s): Antitrust
Berger & Montague, P.C. was a member of the court-appointed Executive Committee of attorneys representing a class of direct purchasers of automotive refinishing paint in a case alleging that five manufacturers of automotive refinishing paint...

Babyage.Com, Inc. v. Toys “R” Us, Inc.

Status:Settled
Practice Area(s): Antitrust , Commercial Litigation , Representing Opt-Outs in Class Actions
Berger & Montague represented plaintiff internet retailers in an action brought against Babies "R" Us ("BRU") and several baby product manufacturers, alleging that BRU and defendant manufacturers conspired to fix resale prices and exclude...

Bally Total Fitness Sec. Litig.

Status:Settled
Settlement Amount: $2 million
Practice Area(s): Securities Litigation
Berger & Montague, PC is Lead Counsel in this securities fraud class action involving Bally Total Fitness Holding Corporation ("Bally"). The case involves three groups of defendants: (1) Bally; (2) three of Bally's former officers (collectively the...

Becker v. American Family Life Assurance of Columbus and AFLAC, Inc.

Status:Settled
Settlement Amount: $7 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this six-state class action against AFLAC, Inc. and its affiliates in the United States District Court for the District of South Carolina (Becker v. American Family Life Assurance of...

Beckman Coulter, Inc. Securities Litigation

Status:Settled
Settlement Amount: $5.5 million
Practice Area(s): Securities Litigation
Berger & Montague represents a class of shareholders who alleged that the lab equipment maker, Beckman Coulter, Inc., did not disclose product quality and regulatory issues that hurt the company's stock price in a timely fashion.

Bergonzi v. Central States Health and Life Company of Omaha (CSO)

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this national class action against Central States Health And Life Company of Omaha (CSO) concerning CSO Cancer Policies. Plaintiffs alleged that CSO breached the terms of the policies in...

Block v. McDonald's Corporation

Status:Settled
Settlement Amount: $12.5 million
Practice Area(s): Consumer Protection
The firm served as co-lead counsel and obtained a settlement of $12.5 million with McDonald's in 2002 stemming from its failure to disclose the use of beef fat in its french fries. Berger & Montague, led by Shareholders Sherrie Savett and Michael...

Bogosian v. Gulf Oil Corp.

Status:Settled
Settlement Amount: $35 million
Practice Area(s): Antitrust
With Berger & Montague as sole lead counsel, this landmark action on behalf of a national class of more than 100,000 gasoline dealers against 13 major oil companies. The case settled for over $35 million plus equitable relief on the eve of trial.

Bonnette v. Rochester Gas & Electric Co.

Status:Settled
Settlement Amount: $2 million
Practice Area(s): Employment Law
The firm served as co-lead counsel and 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,...
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