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Berger & Montague News

Our reputation as a national leader in the field of prosecuting class action, commercial litigation, and qui tam cases makes headlines and shapes precedent across the country.

Major media outlets and industry publications regularly consult Berger & Montague lawyers as knowledgeable and insightful sources to comment on regulation, legislation, precedent-setting cases, and industry developments.

To learn about the most recent activities of the firm and its attorneys, read on.

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National Arbitration Forum Exits Cardholder Class Action

December 1, 2011
The National Arbitration Forum reached a settlement Thursday with a class of credit card holders that had accused it of helping large banks and card companies collude to include compulsory arbitration clauses in cardholder agreements meant to prevent...

A Questionable New Standard for Class Certification in Antitrust Cases

December 1, 2011
IN RECENT YEARS, A NEW STANDARD appears to have emerged regarding class certification. Courts have largely dismissed the notion—originally derived from Eisen v. Carlisle & Jacquelin—that they cannot resolve issues relevant to the merits in deciding whether to certify a class. How far they may delve into the merits, however, has remained somewhat of a mystery.

Judge Clears $12.5M Deal In NetBank Investors' Suit

November 9, 2011
A Georgia federal judge on Wednesday approved a $12.5 million settlement in a class action targeting online bank NetBank Inc. and executives for allegedly defrauding investors by not disclosing the bank's true condition before its takeover by federal regulators and subsequent liquidation.

AmEx Offers $50M To End Currency Fee Claims: Atty

November 4, 2011
American Express Co. has agreed to pay $49.5 million to partially settle a class action in New York accusing the credit card giant of conspiring with several banks to fix foreign currency conversion fees and impose arbitration clauses in cardholder agreements, the plaintiffs’ attorney said Thursday.

Beef Co. Faces Heat For Discovery Misdeeds In Wage Suit

November 3, 2011
A Nebraska federal judge blasted Nebraska Beef Ltd. on Thursday for serious discovery violations in a class action accusing the meatpacking company of failing to pay workers for time spent donning and doffing protective gear, but refused to hand employees an immediate win.

Loan Officers Say Fifth Third Bank Shorted Them On OT

November 2, 2011
A group of loan officers for Fifth Third Bancorp’s Cincinnati-based regional banking corporation lodged a class action Wednesday claiming the bank failed to pay them overtime wages in violation of the Illinois Minimum Wage Law and Wage Payment and Collection Act.

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.

Release of claims and the False Claims Act: An Employee’s Ability to Pursue Qui-Tam Claims Against Its Former Employer After Signing a Release

October 1, 2011
The False Claims Act (“FCA”) clearly provides that once a qui tam action is filed, a relator may dismiss an action only if the court and the Attorney General give written consent. The statute does not, however, address whether the relator’s release of qui tam claims, executed before the filing of a complaint, is enforceable.

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

Class Action Lawsuit against Saxon Mortgage Services, Inc. and Ocwen Loan Servicing, LLC

September 14, 2011
PHILADELPHIA--(BUSINESS WIRE)--The law firm of Berger & Montague, P.C. has filed a class action complaint in the United States District Court for the Eastern District of Michigan on behalf of all Michigan homeowners whose mortgage loans have been...

For cigarette makers, limits to free speech

September 7, 2011
Butt out is the message from four of the five largest cigarette manufacturers who have filed suit in a Washington, D.C., federal court challenging new FDA regulations that require them to print nine graphic images on their cigarette packaging. Under the FDA rule, the images must be printed in color and displayed on the top 50 percent of the both the front and back panels of every pack. Grim news has to cover the top 20 percent of all printed cigarette advertising. In addition, the FDA says, every pack of cigarettes must contain the words "QUIT-NOW." And there is an 800 quit smoking hotline number that has to be there too.

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.

Issuance of Summary Notice of Proposed Settlement, Motion For Attorneys' Fees and Expenses, and Hearing Thereon in NetBank, Inc. Securities Class Action Litigation

August 19, 2011
Pursuant to an Order of the United States District Court for the Northern District of Georgia, that a hearing will be held on November 9, 2011, at 10:00 a.m., in Courtroom 2106, before the Honorable Timothy C. Batten, Sr., at the United States Courthouse, 75 Spring Street, SW, Atlanta, GA 30303-3309, for the purpose of determining: (1) whether the proposed settlement of the claims in the above-referenced litigation (the "Litigation") for the principal amount of $12,500,000, plus accrued interest, should be approved by the Court as fair, reasonable and adequate; (2) whether a Final Judgment and Order of Dismissal should be entered by the Court dismissing the Litigation with prejudice; (3) whether the Plan of Allocation is fair, reasonable and adequate and therefore should be approved; and (4) whether the application of Plaintiff's Lead Counsel for the payment of attorneys' fees and reimbursement of expenses and the Lead Plaintiff's expenses incurred in connection with this Litigation should be approved.

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.

Pennsylvania Homeowners File Class Action Against Saxon Mortgage Services, Inc. and Ocwen Mortgage Servicing, LLC for Wrongfully Denying Mortgage Modifications

July 21, 2011
PHILADELPHIA, July 21, 2011 /PRNewswire-USNewswire/ -- The law firms of Berger & Montague, P.C. and Ann Miller, LLC have filed a Class Action complaint in the United States District Court for the Eastern District of Pennsylvania on behalf of all...

Whistleblower Lawsuits Help Provide Stark and Anti-Kickback Statute Guidance

July 1, 2011
The False Claims Act (FCA) is designed to protect the federal treasury and to deter fraud committed against the government. The FCA places power within the hands of private citizens, allowing them to become “private attorney generals,” and, with the assistance of an attorney paid on a contingent fee basis, challenge government payments on behalf of the government. The citizens who bring a case on behalf of the government (“whistleblowers”) can be employees, former employees, and/or competitors...

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.
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