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Cases

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...

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...

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.

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...

Bank of New York Mellon

Status:Pending
Practice Area(s): Securities Fraud

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...

Building Materials Corporation, d/b/a GAF Timberline Shingles

Status:Pending
Practice Area(s): Consumer Protection
The firm represents homeowners who have experienced problems with their GAF Timberline Shingles.

Centerline Holdings Co.

Status:Pending
Practice Area(s): Securities Fraud
Berger & Montague serves as co-lead counsel in this action. The Complaint alleges that defendants issued a series of materially false and misleading statements about Centerline's business model and financial condition, including statements...

Central European Distribution

Status:Pending
Practice Area(s): Securities Fraud

CertainTeed Fiber Cement Siding Litigation

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague, as co-lead counsel, represents a nationwide class of consumers who purchased CertainTeed Fiber Cement WeatherBoard siding or a home or structure with the siding pre-installed. The Class alleges that CertainTeed's siding is defective in that it prematurely cracks, gaps, warps, and peels away from the structure despite being warranted and represented to last for 50 years.

China Automotive Systems

Status:Pending
Practice Area(s): Securities Fraud

China Organic Agriculture

Status:Pending
Practice Area(s): Securities Fraud

Chocolate Confectionary Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is Co-Lead Counsel on behalf of a proposed class of direct purchasers of chocolate singles and Kings in a case alleging that Defendants, the dominant manufacturers of chocolate candy, engaged in a conspiracy to fix prices for...

Ciber, Inc.

Status:Pending
Practice Area(s): Securities Fraud

CitiMortgage Inc. Loan Modification Class Action

Status:Pending
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services
Berger & Montague has filed multiple class action lawsuits in federal court against Citimortgage, Inc. in several states on behalf of homeowners in those states whose mortgage loans have been serviced by CitiMortgage, Inc., and who (1) have entered...

CNINSURE Inc.

Status:Pending
Practice Area(s): Securities Fraud

Coluccio v. U.S. Remodelers, Inc.

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 Litigation

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...

Cook v. Rockwell International Corporation

Status:Pending
Practice Area(s): Environmental & Mass Tort
In February 2006, the firm won a $554 million jury verdict on behalf of thousands of property owners whose homes were exposed to plutonium or other toxins. Judgment in the case was entered by the court in June 2008 which, with interest, totaled $926...

Cronk v. GMAC Mortgage, LLC

Status:Pending
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services
The firm represents putative classes of persons who have loans financed or serviced by GMAC Mortgage, LLC who were required to purchase flood insurance which, when combined with any RCBAP coverage or other primary coverage on the property, exceeded any of the following: (1) $250,000; (2) the replacement cost value of the property pledged as security for the loan, or; (3) the total outstanding loan balance (if a traditional loan) or maximum line of credit (if a home equity line of credit).

CRT Antitrust Litigation

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.

Daniels v. Perry and Keys

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

Diamond Foods, Inc.

Status:Pending
Practice Area(s): Securities Fraud

Diebold v. Northern Trust Investments, N.A.

Status:Pending
Practice Area(s): ERISA & Employee Benefits
The lawsuit alleges that the Northern Trust Defendants engaged in breaches of fiduciary duties established by the Employee Retirement Income Security Act of 1974 ("ERISA"), as well as other ERISA violations, when they recklessly engaged in "securities lending" for their own benefit. They did so in a manner that involved imprudent and unreasonable risk of loss to the 401(k) and pension plans whose funds they managed in the Collective Trusts. The complaint alleges that the 401(k) and pension plans suffered large financial losses as a result of these securities lending practices.
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