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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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Plaintiffs File Nationwide Collective Action Against McDonald's Corporation Alleging Violations of the Fair Labor Standards Act Affecting All Assistant Managers

November 17, 2009
Lawsuit Claims That Assistant Managers at McDonald's More Than 2,000 Corporate-Owned Restaurants Must Train, Cook and Clean Without Overtime Pay PHILADELPHIA, Nov. 17 /PRNewswire-USNewswire/ -- An amended collective action complaint has been filed in...

Plaintiffs File Class Action Against First Student, Inc. Alleging Violations of the Fair Labor Standards Act and State Laws on Behalf of Bus Drivers and Dispatchers

August 5, 2009
Plaintiffs File Class Action Against First Student, Inc. Alleging Violations of the Fair Labor Standards Act and State Laws on Behalf of Bus Drivers and Dispatchers. The Lawsuit Claims That Bus Drivers and Dispatchers at First Student, Inc.'s Terminal in Little Rock,Arkansas Are Forced to Work 'Off-The-Clock' and Without Overtime Pay

Piercing the Veil: Using Microfinance Initiatives to Promote Female Entrepreneurship in Muslim Countries

June 1, 2009
This paper argues that microfinance initiatives are an attractive aid mechanism to promote gender equality in Muslim countries because such initiatives both alleviate poverty and provide women with economic empowerment without violating Muslim customary...

Signature Aluminum

April 14, 2009
Plaintiffs File Class Action Against Signature Aluminum, Inc., FKAWXP, Inc., Atlantic Aluminum, LLC and Temroc Metal, Inc. Alleging Violations of the Worker Adjustment and Retaining Notification Act

Plaintiffs File Class Action Against Fleetwood Enterprises, Inc. Alleging Violations of the Worker Adjustment and Retaining Notification Act

March 13, 2009
PHILADELPHIA, March 13 /PRNewswire-USNewswire/ -- Klehr, Harrison, Harvey, Branzburg & Ellers, LLP and Berger & Montague, P.C. have filed a class action lawsuit in the United States Bankruptcy Court for the Central District of California,...

Two Lawsuits Claim That Employees Of U.S Remodelers, Inc. Who Install Kitchen Cabinets Purchased At Home Depot Must Work Without Overtime Pay

February 25, 2009
Plaintiffs File Two Class Actions Against U.S. Remodelers, Inc. Alleging Violations of the Fair Labor Standards Act and State Laws on Behalf of All of Its Installer Employees

Berger & Montague, P.C. Successfully Defends Its Plan of Allocation for Distribution of Settlement Proceeds on Behalf of Former Class A Shareholders of PHLX

February 5, 2009
PHILADELPHIA, Feb. 5 /PRNewswire-USNewswire/ -- Berger & Montague, P.C. on behalf of the former Class A shareholders of the PHLX successfully defended its plan of allocation for distribution of settlement proceeds in an opinion issued by the Supreme...

What Price Your Pet, or Peace of Mind?

October 6, 2008
Sherrie Savett has been busy putting price tags on unusual losses, including credit card holders' fear of identity theft and beloved family pets, whose worth can't be measured in dollars. The task demands flexibility, creativity and a careful calculation of the risks of a trial, said Savett, chairwoman of Philadelphia-based Berger & Montague's securities litigation department.

American Business Financial Services, Inc.

October 2, 2008
American Business Financial Services, Inc. Noteholders Litigation Settlement Hearing Annouced

Fifth Third

August 12, 2008
Berger & Montague, P.C. Files Class Action Suit on Behalf of Former First Charter Corp. Shareholders Who Acquired Fifth Third Bancorp. Stock in Merger

Berger & Montague, P.C. Announces Approval of Settlement Allocation Plan of $99 Million in Case Against PHLX and Six Major Investment Firms on Behalf of Class A Shareholders

July 8, 2008
Berger & Montague, P.C. Announces Approval of Settlement Allocation Plan of $99 Million in Case Against PHLX and Six Major Investment Firms on Behalf of Class A Shareholders

Hacked

June 30, 2008
This is a case study regarding the theft of millions of consumers' personal information in a highly complex and dramatic criminal data breach.

American Business Financial Services

May 8, 2008
American Buisness Financial Services, Inc. Noteholders Litigation Information Available to Potential Class Members

Court to Notify Those Who Made a Purchase or a Return at a TJX Store about a Class Action Settlement

February 29, 2008
A notification program began today in the United States, Canada, and Puerto Rico, as ordered by the United States District Court for the District of Massachusetts, to alert people who made a purchase or return to a TJX store about a proposed settlement reached with The TJX Companies, Inc. and Fifth Third Bancorp "Defendants") in a class action lawsuit against them about the computer system intrusions into personal and financial information at TJX retail stores. The settlement provides benefits to those shoppers who may have been damaged in some way.

Currency Conversion Fee Antitrust

February 2, 2008
Deadlines Approaching to Submit a Claim, Object or Exclude Yourself from the Settlement in the In re Currency Conversion Fee Antitrust Litigation Settlement

Inside Job: A Guide to Insider Trading

July 1, 2003
Insider trading is relatively easy to commit but extremely difficult to prove. This article is a primer for fraud examiners, which explains the problem, how to determine if a trade is illegal, and what can be done to detect and prevent this popular crime.

White Collar Crime: Why the Sentencing Disparity Despite Uniform Guidelines

January 1, 2003
This article discusses major sources of sentencing disparity affecting defendants of white-collar crimes in federal court despite the existence of uniform sentencing guidelines. The focus of the article is to answer one primary question: Why might a defendant convicted of white-collar crime in one court receive a materially different sentence than he or she would have received if convicted in another court? As will be shown, the answer has many components. Named Student Article of the Year by the Pepperdine Law Review - i.e., best student article among all student articles published in Pepperdine Law Review that year.

Cardholders of Bank of America Will Benefit from Settlements

PHILADELPHIA, April 12 /PRNewswire/ -- Berger & Montague, P.C., class counsel for the plaintiffs in theRoss, et al. v. Bank of America, N.A., ( USA), No. 05-cv-7116 (S.D.N.Y.) class action suit, announced the following: UNITED STATES DISTRICT COURT...

Gorby, Peters & Associates, P.C. and Berger & Montague, P.C. Client Files Class Action Against Former Directors of Haven Trust Bancorp, Inc

PHILADELPHIA, Jan. 4 /PRNewswire-USNewswire/ -- A client of the law firms of Gorby, Peters & Associates, P.C. and Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Northern District of Georgia, Atlanta Division...

Proposed Settlement Reached in Bally Total Fitness Securities Fraud Class Action;

PHILADELPHIA, Sept. 21 /PRNewswire/ -- Counsel for Plaintiffs in the In re: Bally Total Fitness Securities Litigation class action have announced the following: UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION In re...

Case Accusing Chase, Others of Conspiring on Arbitration Clauses is Partially Settled

PHILADELPHIA, Nov. 20 /PRNewswire-USNewswire/ -- Berger & Montague, P.C. announces a tentativesettlement with JPMorgan Chase and related companies that partially resolves a four-year-old lawsuit accusing Chase and other credit card companies of...

Plaintiffs File Class Action Against Monaco Coach Corporation Alleging Violations of the Worker Adjustment and Retaining Notification Act

PHILADELPHIA, March 16 /PRNewswire-USNewswire/ -- Berger & Montague, P.C. has filed a class action lawsuit in the United States Bankruptcy Court for the District of Delaware, Rieke, et al. v. Monaco Coach Corporation, Civil Action No. 09-50444-KJC,...

Judge Rules Whistleblower Lawsuit against Abbott Laboratories Inc. Filed by Berger & Montague on behalf of Its Client, the U.S. and Numerous States, May Proceed

On July 16, 2010, the Honorable Richard Stearns ruled that Plaintiff Carpenter's allegations of violations of the federal False Claims Act, 32 U.S.C. Section 3729(a)(1) arising from Abbott's alleged promotion of its AIDS drug Kaletra, for uses unapproved by the F.D.A., could proceed. Specifically, Plaintiff alleges that contrary to the F.D.A. approved uses and dosing for the drug, Abbott 1) promoted once daily dosing for therapy-experienced AIDS patients although such dosing was only approved for AIDS patients new to drug therapy and 2) promoted Kaletra as a single treatment regimen (monotherapy) rather than for use in combination with other anti-AIDS drugs. Simultaneously, the Court dismissed Plaintiff Carpenter's false claims allegations arising from alleged violations of the federal anti-kickback statute and Section (a)(2) of the False Claims Act. Discovery will now proceed in the case.

Pet Food

If You Purchased or Your Pet(s) Consumed Recalled Pet Food, You May Be Eligible To Participate in a Class Action Settlement

Berger & Montague named to NLJ Plaintiffs' Hot List Hall of Fame

In 2010, Berger & Montague was named to the National Law Journal's "Plaintiff's Hot List" for the 7th time in 8 years. The NLJ designated the firm to it's Hall of Fame for having been recognized on the list in 2003-2005 and 2007-2010.
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