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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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Lensmaker Transitions Can't Shake Antitrust MDL

November 1, 2011
A Florida federal judge on Tuesday denied a motion by Transitions Optical Inc. to throw out a multidistrict class action accusing the corrective lens maker of anti-competitive conduct, saying the purchaser plaintiffs' monopoly accusations were reasonable enough for trial. U.S. District Judge James D. Whittemore denied Transitions' motion to dismiss the suit filed by a group of companies that say Transitions resorted to various anti-competitive tactics to keep prices high for its line of ultraviolet-ray-resistant lenses.

21st-century Robin Hood advocates higher riches for poor to help middle class

October 26, 2011
WHEN MILLIONAIRE Philadelphia lawyer Daniel Berger saw the protesters on his TV, they reminded him of Bolsheviks - "a vanguard of extremists who believe in an ideology." But Berger - a trial lawyer who has made a fortune in class-action lawsuits involving securities fraud and environmental and civil-rights issues - isn't talking about the new breed of protesters occupying Wall Street and elsewhere with signs reading "Tax the Rich."

Managing Shareholder Daniel Berger Appears on MSNBC's The Ed Show

October 5, 2011
On October 5, 2011, managing shareholder Daniel Berger appeared on MSNBC's The Ed Show to discuss federal tax policy.

High Court Seeks SG's Take On $1B Plutonium Fight

October 3, 2011
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on a plutonium contamination class action, in which the Tenth Circuit reversed a nearly $1 billion judgment against Dow Chemical Co. and the former Rockwell International Corp.

Berger & Montague Named to the National Law Journal's 2011 Plaintiffs' Hot List

October 3, 2011
The National Law Journal recognized Berger & Montague in its 2011 Plaintiffs' Hot List for the eighth time in nine years.

AstraZeneca Settles Toprol Antitrust Action For $20M

September 26, 2011
AstraZeneca Pharmaceuticals LP on Monday agreed to pay $20 million to settle claims brought in Delaware by a putative class of direct purchasers of Toprol-XL who allege the pharmaceutical giant used sham patent litigation to delay generic competition for the hypertension drug.

Beckman Reaches $5.5M Settlement In Shareholder Suit

September 19, 2011
A class of Beckman Coulter Inc. shareholders on Friday asked a California federal judge to approve a $5.5 million settlement that would resolve claims that the lab equipment maker didn't timely disclose regulatory and product quality issues, hurting the company's stock price

Judge OKs Wal-Mart's $27M Deal In Netflix Antitrust MDL

September 2, 2011
A California federal judge on Friday tentatively approved a $27.25 million settlement between Wal-Mart Stores Inc. and plaintiffs in an antitrust multidistrict litigation accusing the retailer of conspiring with Netflix Inc. to divvy up the online DVD rental and sales markets.

Nortel Settles ERISA MDL For $21.5M

August 10, 2011
Nortel Networks Corp. on Wednesday reached a preliminary $21.5 million settlement in Tennessee with a class of former workers who accused the bankrupt telecom of mismanaging an employee stock fund, cooking its books and squandering their retirement savings.

Ferring, Aventis Reach $20M Deal In DDAVP Antitrust Suit

August 4, 2011
Ferring BV and Aventis Pharmaceuticals Inc. on Wednesday agreed to pay $20.25 million to settle with a proposed class of direct purchasers of DDAVP who claimed in a New York suit that the companies suppressed generic competition by fraudulently acquiring a patent for the diabetes drug.

Loss Causation Not Necessary For Class Certification: High Court

June 6, 2011
The U.S. Supreme Court on Monday ruled that investors are not required to prove that corporate misstatements caused their investment losses in order to win class certification, dealing a blow to Halliburton Co. in a shareholder suit. In a unanimous...

FTC Urges 3rd Circ. To Reverse Pay-For-Delay Ruling

May 24, 2011
The Federal Trade Commission asked the Third Circuit on Tuesday to back private class action plaintiffs challenging the legality of pay-for-delay settlements between Merck & Co. Inc. and two generics manufacturers over the blood pressure medication K-Dur 20.

Discovery Debate Prompts Mistrial In Don, Doff Suit

May 6, 2011
A federal judge in Nebraska granted a mistrial Friday in a class action accusing Nebraska Beef Ltd. of not paying employees for time spent donning and doffing protective equipment after a question about discovery prompted the meat packer's attorneys to withdraw.

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 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...
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