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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)...

Adams Golf

Status:Settled
Settlement Amount: $16.5 million
Practice Area(s): Securities Fraud
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...

AgFeed Industries, Inc.

Status:Pending
Practice Area(s): Securities Fraud

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...

Alcatel Alshthom Securities Litigation

Status:Settled
Settlement Amount: $75 million
Practice Area(s): Securities Fraud
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 Fraud
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.

American Business Financial Services

Status:Pending
Practice Area(s): Securities Fraud
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...

Arnett v. Bank of America

Status:Pending
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services
The firm filed a class action complaint 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.

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 Fraud
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 In re Automotive Refinishing Paint Antitrust Litigation, MDL Docket No. 1426...

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

Status:Pending
Practice Area(s): Antitrust , Commercial Litigation , Representing Opt-Outs in Class Actions
Berger & Montague represents 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 discounters...

Bally Total Fitness Sec. Litig.

Status:Settled
Settlement Amount: $2 million
Practice Area(s): Securities Fraud
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...

Bank of America - Force Place Flood Insurance

Status:Under Investigation
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services
Current and former customers of Bank of America may be entitled to financial compensation. Berger & Montague is currently investigating allegations that Bank of America requires certain borrowers to purchase flood insurance in excess of federal...

Bank of America - Private Mortgage Insurance Abuse

Status:Under Investigation
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services
Has Bank of America required you to buy private mortgage insurance ("PMI") in connection with the purchase of your home? If you are a borrower who was forced to buy PMI in connection with the purchase of your home, you may be entitled to financial...

Bank of New York Mellon

Status:Pending
Practice Area(s): Securities Fraud

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 Fraud
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...

BioSante Pharmaceuticals, Inc.

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

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...

Boeynaems v. L.A. Fitness International, LLC

Status:Pending
Practice Area(s): Consumer Protection
On May 18, 2010, Berger & Montague, P.C. filed a class action against L.A. Fitness International, LLC ("LA Fitness" or the "Company") on behalf of: (1) former members of LA Fitness who have incurred at least one additional monthly billing charge...

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 led to settlements of over $35 million plus equitable relief on the eve of trial
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