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Berger & Montague In the News

Berger & Montague, and its attorneys and cases, are regularly featured and profiled in the media.

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Ex-Zenta worker sues, claims he was due overtime pay

March 25, 2011
A Charlotte mortgage underwriter is suing Zenta Mortgage Services, accusing the company of violating fair labor laws and failing to pay some employees for overtime, according to a federal lawsuit. The lawsuit alleges that Zenta — a company eligible for $10 million in taxpayer incentives to hire 1,000 workers in Charlotte — asked mortgage underwriters to work more than 40 hours per week on a base salary, with no overtime. The suit contends the practice violates the Fair Labor Standards Act.

Arizona Hospitals Settle Antitrust Case Over Temporary Nurses' Pay

March 7, 2011
An antitrust class action over pay for temporary nurses in Arizona has settled for $22 million. The case, brought by co-lead class counsel David Balto, a Washington D.C.-based solo practitioner, and David Sorenson of Berger & Montague in...

Court OKs Home City's $14M Deal In Ice Antitrust MDL

February 23, 2011
A federal judge in Michigan gave final approval Tuesday to a $13.5 million settlement between The Home City Ice Co. and a class of direct purchaser plaintiffs who claimed the company conspired to fix prices for packaged ice.

Class Asks Court To OK T-Mobile Sidekick Settlement

February 15, 2011
Plaintiffs in a class action against T-Mobile USA Inc. over data lost from Sidekick smartphones during a service outage have asked for final approval of a proposed settlement. The motion, filed Monday in the U.S. District Court for the Northern District of California, requests final approval of the settlement, which allows class members to claim $35 T-Mobile gift cards for the data losses suffered in the outage.

$3.6M Hemispherx Securities Settlement Gets Final OK

February 15, 2011
A federal judge has given final approval to a $3.6 million settlement between Hemispherx Biopharma Inc. and a class of plaintiffs who alleged the company misled investors on the approval status of chronic fatigue syndrome drug Ampligen. Judge Paul S. Diamond of the U.S. District Court for the Eastern District of Pennsylvania gave the final go-ahead for the settlement in the consolidated class action Monday. The class includes all investors who purchased Hemispherx stock between Feb. 18, 2009, and Dec. 1, 2009.

Judge Refuses To Toss FLSA Claims Against Farmland

February 2, 2011
A federal judge has denied Farmland Foods Inc.'s latest attempt to dismiss employees' overtime pay claims for work-related activities under the Fair Labor Standards Act in a larger donning and doffing collective action.

Judge Sets Stage For Trial In Norvir Monopoly Case

January 18, 2011
A federal judge has greenlighted several suits against Abbott Laboratories accusing the pharmaceutical company of illegally hiking the price for its HIV drug Norvir in order to protect another Abbott drug from competition, setting the stage for a jury...

AIG Led Insurer Payouts In 2010

January 1, 2011
The leading settlements and verdicts in the insurance industry in 2010 arose from the alleged financial misdeeds and improper practices of insurers instead of traditional policyholder claims, with payouts involving American International Group Inc. that...

2nd Circ. Bars Priceline From $336M Class Deal

December 17, 2010
A federal appeals court has rejected Priceline.com Inc.'s attempt to get a cut of a $336 million class action settlement in an antitrust case accusing the nation's largest credit card companies of colluding to levy fixed currency conversion fees.

3rd Circ. Says Pet Food Refund Cap Still Needs Work

December 16, 2010
A federal appeals court mostly upheld a $24 million settlement Thursday over a massive recall of pet food, but sent the settlement back to district court for further proceedings over a cap on reimbursements for recalled pet food purchased by class...

Court Approves $850,000 Distribution in U.S. Antitrust Law Class Action

December 16, 2010
United States District Court for the Southern District of New York Chief Judge Loretta A. Preska has signed an order approving a plan submitted by class counsel and The New York Bar Foundation for a cy pres distribution of residual class action...

Farmers Pride Donning-Doffing Action Recertified

December 10, 2010
A federal judge gave new life to a collective action against Farmers Pride Inc. on Friday when he ordered that the case - which accuses the chicken processor of allegedly failing to pay workers for time spent donning, doffing and sanitizing safety gear...

$2.4 Million McDonald's FLSA Settlement Wins Court OK

November 10, 2010
A federal jduge has approved a $2.4 settlement between McDonald's Corp. and a class of assistant managers that accused the fast food giant of wrongly exempting them from Fair Labor Standards Act protections. . . . Calling the agreement "fair and reasonable," Judge Stark brought to a close a two-year-old suit accusing McDonald's of failing to dole out overtime pay to deserving managerial employees.

Goldman Faces Lawsuit On $1.2B Hudson CDO Deals--Filing

November 9, 2010
Goldman Sachs Group Inc. (GS) faces a class-action lawsuit over two collateralized debt obligations it packaged and sold in 2006 and 2007, according to its latest quarterly regulatory filing. The CDO deals, called Hudson Mezzanine Funding 1 and 2, concern $1.2 billion of subprime and other residential mortgage-backed securities, many of which were sponsored by subprime mortgage lenders including Washington Mutual's Long Beach unit, New Century Financial Corp., Fremont General's Fremont unit, Countrywide Financial Corp., Lehman Brothers Holdings Inc. (LEHMQ) and Bear Stearns Cos. The suit, filed by Philadelphia law firm Berger & Montague on behalf of plaintiffs, also names two former senior Goldman officials, Peter L. Ostrem and Darryl K. Herrick, for leading in the structuring and selling of the securities.

Toll Bros. To Pay $25M To End Securities Suit

November 2, 2010
Real estate developer Toll Brothers Inc. has agreed to pay $25 million to settle a securities fraud class action accusing the company and several officers and directors of misrepresenting its financial condition during the housing slump. . . . The lead plaintiffs’ attorneys are Robbins Geller Rudman & Dowd LLP and Berger & Montague PC.

Ariz. Hospitals Settle Nurses' Antitrust Suit For $22M

September 28, 2010
An Arizona health care trade association and more than a dozen hospitals have agreed to pay $22 million to settle a class action accusing them of operating a cartel to drive down temporary nurses' wages. . . . The settlement also includes a class of per diem temporary nurses who worked for any of the hospital defendants during the same period.

9th Circ. Snubs Abbott’s Challenge To Norvir Cases

September 28, 2010
A federal appeals court has rejected Abbott Laboratories' petition for a writ of mandamus seeking the dismissal of antitrust claims from several suits accusing the pharmaceutical company of illegally hiking up the price for its HIV drug Norvir. The...

Generics Subject To Solvay Sham Litigation Claims

September 17, 2010
A federal judge has kept alive claims alleging generics makers Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. engaged in sham litigation by agreeing not to release competing versions of Solvay Pharmaceuticals Inc.’s testosterone supplement AndroGel. Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia issued the order Thursday responding to the defendants' requests for clarification on whether he had dismissed those claims in a February ruling.

Purdue To Pay $16M To Settle OxyContin Claims

September 8, 2010
Purdue Pharma LP has agreed to pay $16 million to settle claims by direct purchasers of OxyContin that the drugmaker filed bogus patent litigation to crush generic competition. The direct purchasers' lead plaintiffs filed a motion Tuesday in the U.S. District Court for the Southern District of New York asking for preliminary approval of the settlement, which covers a class of entities who bought the drug directly from Purdue from Dec. 12, 1995, to Aug. 31, 2010. . . .

Farmland Workers' Safety Gear Not 'Clothing'

August 18, 2010
A federal judge has nixed Farmland Foods Inc.'s bid to toss a donning and doffing collective action, finding that personal safety gear worn by hourly workers at a Nebraska meat-processing plant wasn't mere clothing under the Fair Labor Standards Act.

AAI Pushes For Class Cert. In Hospital Merger Suit

August 13, 2010
The American Antitrust Institute has urged a federal appeals court to overturn a judge's denial of class certification to a group of patients alleging Evanston Northwestern Healthcare Corp.'s hospitals abused their monopoly power after a 2000 merger. ...

Dan Miller - Main Justice

August 6, 2010
Main Justice: Politics, Policy and the Law - profiled Of Counsel Daniel R. Miller on August 6, 2010.

Unsung Heros

May 25, 2010
Sarah Schalman-Bergen, of counsel with the AIDS Law Project, was co-lead counsel on a case involving TIAA-CREF, a financial services company, which had presented a man's retirement benefits to his ex-wife, instead of his longtime partner who he had named as beneficiary. The court decided that the partner was the lawful beneficiary of all of the man's annuity contracts, and was therefore entitled to the full amount of money in dispute. After a March 29, 2010, mediation, TIAA-CREF paid the partner the full contract amount plus pre- and post-judgment interest, as ordered by the court.

Law.com Home > Federal Judge Refuses to Dismiss Suit in Provigil Antitrust Case

April 2, 2010
In one of the most closely watched antitrust cases on the Eastern District of Pennsylvania's docket, a federal judge has refused to dismiss claims that biopharmaceutical giant Cephalon Inc. established an illegal monopoly for its profitable drug...

Cargill Line Workers Certified In Consolidated FLSA Suit

March 12, 2010
The magistrate judge overseeing a consolidated suit accusing Cargill Meat Solutions Corp. of failing to pay its employees for time spent performing tasks off the production line has conditionally certified one case and approved the distribution of a...
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