Berger & Montague is happy to report that the firm received
two favorable orders on Friday, September 30 in two separate cases,
which will now enable the firm to pursue discovery in each matter
in support of our claims.
The first matter is a class case brough against Xerox on behalf
of about 21,000 Alaska Medicaid providers, in connection with its
defective design and roll-out in October 2013 of a new Medicaid
Management Information System for processing providers' submitted
claims. Because of design defects, the firm asserted that valid
provider claims were inordinately delayed beyond the contractual
time period in which they were required by the State of Alaska to
be paid (causing class members consequential tort and statutory
damagers). After oral argument on the briefing was held this
summer, the Court denied Xerox's motion to dismiss, as well as its
motion to strike our class allegations. Defense counsel is K&L
On that case are Michael Twersky, Arthur Stock, Phyllis
Parker, and Sherrie Savett.
The second matter is an individual case brought against Safelite
under the Lanham Act by a competitor windshield repair business,
which invented a patented technology to inexpensively repair
windshields damaged by cracks longer than a dollar bill (instead of
customers having to pay for the expensive--and potentially
dangerous--windshield replacements in this very common scenario).
Berger & Montague claimed that Safelite engages in false
misrepresentations about the industry standards that have
artifically depressed the windshield repair market by making this
type of repair appear to be feasible (when it is not). Defense
counsel is Jones Day.
On that case are Michael Twersky and Michael
View our Pending
View our past Representative Settlements