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Representative Settlements

American Hotel Holdings, Co. v. Ocean Hospitalites, Inc.

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague defended against a claim for approximately $16 million and imposition of a constructive trust, arising out of the purchase of the Latham Hotel in Philadelphia. Berger & Montague settled the case for less than the cost of the...

Creative Dimensions and Management, Inc. v. Thomas Group, Inc.

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague defended this case against a claim for $30 million for breach of contract. The jury rendered a verdict in favor of Berger & Montague's client on the claim (i.e., $0), and a verdict for the full amount of Berger &...

Erie Power Technologies, Inc. v. Aalborg Industries

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague represented a trustee in bankruptcy against officers and directors and the former corporate parent and obtained a very favorable confidential settlement.

Fitz, Inc. v. Ralph Wilson Plastics, Co.

Status:Settled
Practice Area(s): Commercial Litigation
The firm served as sole lead counsel and obtained, after 7 years of litigation, in 2000 a settlement whereby fabricator class members could obtain full recoveries for their losses resulting from defendants' defective contact adhesives

Forbes v. GMH

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation , Securities Litigation
The Berger firm represented a private real estate developer/investor who sold a valuable apartment complex to GMH for cash and publicly-held securities. The case settled for a confidential sum which represented a significant portion of the losses...

Gray v. Gessow

Status:Settled
Settlement Amount: $4.5 million
Practice Area(s): Commercial Litigation
The firm represented a litigation trust and brought two actions, one against the officers and directors of Sunterra Inc. an insolvent company, and the second against Sunterra's accountants, Arthur Andersen and obtained an aggregate settlement of $4.5...

Kelly v. McKesson HBOC, Inc.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation , Securities Litigation
The Berger firm represented a group of private shareholders who sold their companies to a large publicly-held corporation in exchange for $103.5 million in stock. The case settled for a confidential sum on the eve of trial for a percentage of...

MF Global

Status:Settled
Practice Area(s): Commercial Litigation , Commodities & Options , Securities Litigation
On May 21, 2012, Berger & Montague was named co-lead counsel in this litigation. A copy of the judge's order is available for download here. On January 10, 2012, Berger & Montague filed a class action complaint on behalf of tens of thousands...

Moglia v. Harris

Status:Settled
Settlement Amount: $4 million
Practice Area(s): Commercial Litigation
Berger & Montague represented a liquidating trustee against the officers of U.S. Aggregates, Inc. and obtained a settlement of $4 million.

Provident American Corp. and Provident Indemnity Life Insurance Company v. The Loewen Group, Inc. and Loewen Group International, Inc.

Status:Settled
Settlement Amount: $30 million
Practice Area(s): Commercial Litigation
Berger & Montague settled this individual claim, alleging a 10-year oral contract (despite six subsequent writings attempting to reduce terms to writing, each with materially different terms added, all of which were not signed), for a combined...

Robert S. Spencer, et al. v. The Arden Group, Inc., et al.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague represented an owner of limited partnership interests in several commercial real estate partnerships in a lawsuit against the partnerships' general partner. The terms of the settlement are subject to a confidentiality agreement....

SEI

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague represented the seller of a business as the plaintiff in a breach of contract case. The case centered around the value of post-closing purchase price adjustments to the $75 million purchase price paid for an information technology...

Stone Gate I LLC v. GMH Communities Trust

Status:Settled
Practice Area(s): Commercial Litigation
Berger & Montague represented a family who sold certain apartment buildings to a public REIT in exchange for non-vested warrants to purchase the REIT's publicly traded shares. Prior to the warrants vesting, the REIT was the subject of financial...

Whitney v. Turner/Time Warner

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation
Berger & Montague settled this individual claim for a confidential amount, seeking interpretation of the distribution agreement for the movie, Gone with the Wind and undistributed profits for the years 1993-1997, with forward changes in accounting...

Willard Miller, et al. v. Waste Management, Inc.

Status:Settled
Settlement Amount: Confidential
Practice Area(s): Commercial Litigation