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Berger & Montague Cases

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...

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...

Capacitors Antitrust Lawsuit

Status:Pending
Berger & Montague is counsel to a proposed class of direct purchasers of aluminum and tantalum electrolytic capacitors and film capacitors.

Celebrex (Celecoxib) Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is counsel to a proposed class of direct purchasers of the anti-inflammatory drug Celebrex (celecoxib).

Central Laborers’ Pension Fund, et al. v. Barry M. Portnoy, et al.

Status:Pending
Practice Area(s): Corporate Governance & Shareholder Rights
Plaintiffs, Central Laborers’ Pension Fund (“Central Laborers”), William McGinley (“McGinley”), and Howard Ginsburg (“Ginsburg” and together with Central Laborers and McGinley, “Plaintiffs”), on behalf of themselves and all other similarly situated shareholders in Commonwealth REIT (“CWH” or the “Company”) and derivatively for the benefit of nominal defendant CWH, have filed this case to redress breaches of fiduciary duty by the trustees that has unlawfully transferred hundreds of millions of dollars in corporate funds to the Company’s founder (Barry Portnoy) and his son (Adam Portnoy) to the detriment of CWH shareholders and blocked necessary corporate governance reforms.

Coluccio v. U.S. Remodelers, Inc. Lawsuit

Status:Pending
Practice Area(s): Employment Law
On February 24, 2009, Berger & Montague, P.C. filed a collective action and class action complaint in the United States District Court for the District of New Jersey pursuant to the Fair Labor Standards Act ("FLSA") and the New Jersey Wage and Hour...

Containerboard Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as counsel on behalf of direct purchasers of containerboard products (which includes both corrugated sheets and corrugated products such as boxes and other containers) in an antitrust class action against the largest...

CRT Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
In re CRT Antitrust Litigation is a case on behalf of a proposed class of direct purchasers of cathode ray tubes ("CRTs") or products containing CRTs, such as televisions and computer monitors, alleging that defendant manufacturers conspired to fix the prices of CRTs and CRT products. The defendants are the leading manufacturers of CRTs and CRT products, including Chunghwa Picture Tubes, Ltd., Panasonic Corporation (formerly known as Matsushita Electric Industrial, Co.), Panasonic Corporation of North America, LG Electronics, Inc., Samsung Electronics Co., Ltd., and Toshiba Corporation.

Cung Le, et al v. Zuffa, LLC, d/b/a Ultimate Fighting Championship and UFC Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of similarly situated current and former UFC professional combatants, alleging that the plaintiffs are victims of the UFC’s illegal scheme to eliminate its competition in the sport of MMA and suppress compensation for UFC Fighters from bouts and fighter identities and likenesses.

Daniels v. Perry and Keys

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. filed a class action lawsuit against the officers of IndyMax Bancorp, Inc. The Complaint alleges that IndyMac's Chief Executive Officer Michael W. Perry, and its former Chief Financial Officer A. Scott Keys ("Defendants"), violated the Securities Exchange Act of 1934 by issuing a series of materially false and misleading statements about IndyMac's financial health, including statements assuring investors that IndyMac, as a prime rather than subprime lender, would be less affected by the turmoil in the housing, mortgage and credit markets, that it was prudently managing its risks, that it had prudent asset quality and that its financial condition was sound.

Delta-AirTran Baggage Fee Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust , Consumer Protection
Berger & Montague is participating as co-counsel in a lawsuit against Delta Air Lines, Inc. and AirTran Airways, Inc., alleging a conspiracy to impose parallel first-bag fees.

Dental Supplies Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as co-lead counsel on behalf of a proposed class of direct purchasers of dental supplies and equipment from Henry Schein, Inc., Patterson Companies, Inc., and Benco Dental Supply Company, the three largest distributors of dental supplies in the United States.

Douglas v. First Student, Inc.

Status:Pending
Practice Area(s): Employment Law
On July 31, 2009, Berger & Montague, P.C. filed a collective action and class action complaint in the United States District Court for the Eastern District of Arkansas pursuant to the Fair Labor Standards Act ("FLSA") and the Arkansas Minimum Wage Act ("AMWA"), on behalf of "all persons employed by First Student, Inc. as drivers and/or dispatchers at its terminal in Little Rock, Arkansas at any time from August 1, 2006 to the present."

Effexor XR Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. represents a class of direct purchasers of the prescription anti-depressant drug Effexor XR from Wyeth, Inc. in a case alleging unlawful efforts to delay generic entry.

Fasteners Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
In re Fasteners Antitrust Litigation is a case on behalf of a proposed class of direct purchasers of fasteners, alleging that defendants engaged in a conspiracy to fix prices and allocate customers and markets for fasteners. Fasteners include zippers, snaps, hooks and eyes, rivets and other fastening devices used in apparel, garments, and footwear.

Fenley v. Wood Group Mustang, Inc. Lawsuit

Status:Pending
Practice Area(s): Employment Law
The Complaint alleges that Wood Group violated the federal Fair Labor Standards Act (“FLSA”) and Ohio state law by failing to pay proper overtime compensation to employees who were paid on a “day rate” basis when those employees worked more than 40 hours in a workweek.

Fluidmaster NO-BURST Pipe Defect Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague filed a class action complaint on behalf of a nationwide class of consumers who purchased "NO-BURST" steel-braided water supply lines manufactured by Fluidmaster, Inc. The Complaint, available here, alleges that the pipes corrode...

George v. Uponor, Inc.

Status:Pending
Practice Area(s): Consumer Protection
Settlement of national class action regarding Uponor high-zinc yellow brass plumbing fittings used in potable water distribution systems throughout the United States was preliminarily approved on June 12, 2015 by Judge Ann D. Montgomery of the U.S. District Court for the District of Minnesota.

Greenwood v. Antonio Perez, et al. (Kodak ERISA) Lawsuit

Status:Pending
Practice Area(s): ERISA & Employee Benefits
Berger & Montague has filed a class action complaint on behalf of the participants and beneficiaries of the Eastman Kodak Employees' Savings And Investment Plan (the "SIP") and Eastman Kodak Employee Stock Ownership Plan (the "ESOP", collectively...

H&R BLOCK, INC. -- ERROR ON EDUCATION TAX CREDIT FORM

Status:Pending
Practice Area(s): Consumer Protection
On April 10, 2013, Berger & Montague, P.C. filed a class action complaint (available here) against H&R Block, Inc. and its subsidiaries HRB Tax Group Inc., and HRB Technology LLC in the United States District Court for the Southern District of...

In re Chesapeake Energy Corporation 2012 Shareholder Derivative Lawsuit

Status:Pending
Practice Area(s): Corporate Governance & Shareholder Rights
Derivative action for the benefit of nominal defendant Chesapeake Energy Corp. against current and former members of Chesapeake’s board of directors and Chesapeake’s chief executive for breaches of their fiduciary duties owed to Chesapeake and its shareholders. Defendants breached their fiduciary duties by allowing Aubrey K. McClendon, co-founder, CEO, and, until recently, Chairman of the Board of Chesapeake, to run the company for his own benefit at the expense of Chesapeake’s shareholders.

In re Domestic Drywall Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is interim Co-Lead Counsel on behalf of a proposed class of direct purchasers of drywall, in a case alleging that the dominant manufacturers of drywall engaged in a conspiracy to fix prices of drywall in the U.S. and to abolish the industry’s long-standing practice of limiting price increases for the duration of a construction project through “job quotes.”

In re Ductile Iron Pipe Fittings (DIPF) Direct Purchaser Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents proposed classes of direct purchasers in this action alleging that Defendants engaged in anticompetitive conduct between January 2008 and the present that artificially increased prices for DIPF. Plaintiffs allege that from January 2008 through May 2009 Defendants McWane, Inc., Sigma Corporation, and Star Pipe Products, Ltd. participated in a conspiracy to fix prices for domestic and imported DIPF. Beginning in 2009, Plaintiffs allege that McWane unlawfully maintained its monopoly in the domestic DIPF market.
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