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Berger & Montague Cases

The JPMorgan Chase Force-Placed Flood Insurance Litigation

Status:Settled
Settlement Amount: $22.1 million
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague is co-lead counsel in this litigation against JPMorgan Chase Bank, N.A. ("Chase"). On December 17, 2013, the parties moved for preliminary approval of a nationwide class action settlement in the United States District Court for...

Thomas v. Allis-Chalmers Energy, Inc. and AirComp, LLC Lawsuit

Status:Settled
Practice Area(s): Employment Law
On November 30, 2010, Plaintiff Floyd W. Thomas, Jr. filed a complaint against Allis-Chalmers Energy, Inc. and Seawell Limited in the United States District Court for the Western District of Pennsylvania. On February 25, 2011, Plaintiff filed a First...

Three Mile Island Litigation

Status:Settled
Settlement Amount: $25 million
Practice Area(s): Environmental & Mass Tort
As lead/liaison counsel, the firm successfully litigated the case and reached a settlement in 1981 of $25 million in favor of individuals, corporations and other entities suffering property damage as a result of the nuclear incident involved

TJX Companies Retail Security Breach Litigation

Status:Settled
Settlement Amount: $200 million
Practice Area(s): Consumer Protection
In 2007, Berger & Montague filed a class action suit on behalf of all consumers in the United States whose personal and financial data were stolen by computer hackers from the computer network of TJX Companies, Inc. (TJX). Berger & Montague was...

T-Mobile Experian Data Breach Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
This class action lawsuit stems from a data breach at Experian in which computer hackers stole personal information including Social Security numbers for approximately 15 million consumers.

T-Mobile Sidekick Litigation

Status:Settled
Practice Area(s): Consumer Protection
Class action for disruption of service and loss of electronic data including photos, contacts, calendar entries, etc.

Tremco Roofing Class Action Lawsuit

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague is currently investigating a potential nationwide class action lawsuit against Tremco, Inc. ("Tremco") for the company's part in falsely advertising its products and selling defective roofing systems.

Tricor Antitrust Litigation

Status:Settled
Settlement Amount: $250 million
Practice Area(s): Antitrust
Berger & Montague represented a Class of pharmaceutical wholesalers and pharmacies, charging Abbott Laboratories and Fournier Industrie et Sante, two brand-name pharmaceutical companies, with monopolizing the market for the cholesterol drug Tricor...

U.F.C.W. Local 56 v. Campbell Soup

Status:Settled
Settlement Amount: $114.5 million
Practice Area(s): ERISA & Employee Benefits
The firm represented a class of retired Campbell Soup employees in an ERISA class action to preserve and restore retiree medical benefits. A settlement yielded benefits to the class valued at $114.5 million.

U.S. ex rel. John Doe v. Recovery Home Care, Mark Conklin, and Glen Castillo

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
RHC violated the False Claims Act by provided remuneration to physicians to induce patient referrals and reward physicians for prior referrals in violation of the Anti- Kickback Statute ("AKS"), 42 U.S.C. § 1320a-7b and the Stark Law, 42 U.S.C. § 1395nn.

UltraShort Financials ProShares Fund Lawsuit

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. filed a class action lawsuit on September 25, 2009 in the United States District Court for the Southern District of New York, on behalf of all persons who purchased or otherwise acquired shares in the UltraShort Financials...

Unisys Corp. Retiree Medical Benefits

Status:Settled
Settlement Amount: $110 million
Practice Area(s): ERISA & Employee Benefits
The firm, as co-lead counsel, handled the presentation of over 70 witnesses, 30 depositions, and over 700 trial exhibits in this action that has resulted in partial settlements in 1990 of over $110 million for retirees whose health benefits were...

United States et al. ex rel. Ronald J. Streck v. Allergan, Inc. et al.

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
This is a qui tam case brought by relator, Ronald J. Streck, on behalf of the United States and 25 states against thirteen pharmaceutical manufacturers for knowingly reporting materially inaccurate Average Manufacturer’s Prices (AMPs) for their drugs and thereby, fraudulently underpaying rebates owed to the Government Plaintiffs under the Medicaid Drug Rebate Program (the “Rebate Program”).

United States et al. ex rel. Silver v. Omnicare, Inc. et al. Lawsuit

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Complaint filed in the District Court of New Jersey brought under the Federal False Claims Act ("FCA") and State False Claims Acts against Omnicare, Inc., Chem RX, PharMerica Corporation et al. for violations of Anti-Kickback Statute.

United States ex rel. Gale v. Omnicare, Inc.

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
False Claims Act case filed in the Northern District of Ohio on behalf of whistleblower Don Gale agains tOmnicare, Inc. The Complaint alleges that Omnicare violated the Anti-Kickback Statute by offering steeply discounted rates to nursing homes' Medicare Part A patients in exchange to serve the nursing home's Medicaid and Medicare Part D patients. The case settled for $120 Million.

United States ex rel. HMI v. Pinnacle Bank Lawsuit

Status:Settled
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
The United States Government intervened in a case filed in the District of Wyoming under the False Claims Act, captioned United States ex rel. HMI v. Pinnacle Bank. According to the whistleblower’s complaint, Pinnacle violated the False Claims Act by withholding material information from and making materially false statements to the Small Business Administration (“SBA”) with regard to the funding of an SBA “504” loan.

United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Apothecon, Inc.

Status:Settled
Settlement Amount: $515 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Berger & Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Apothecon submitted false and inflated Average Wholesale Prices (AWPs) for a number of...

United States ex rel. Ven-A-Care of the Florida Keys, Inc. v. Bristol Myers Squibb Co.

Status:Settled
Settlement Amount: $515 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
Berger & Montague represented the whistleblower, Ven-A-Care of the Florida Keys, Inc., a small pharmacy from Key West, Florida. The case included allegations that Bristol submitted false and inflated Average Wholesale Prices (AWPs) for a number of...

United States v. AstraZeneca Pharmaceuticals, LP

Status:Settled
Settlement Amount: $124 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
In October 2009, the United States, through the U.S. Attorney's Office in New Hampshire, recovered $124 million from four drug companies -- Mylan Pharmaceuticals Inc., AstraZeneca Pharmaceuticals LP, UDL Laboratories Inc. and Ortho McNeil Pharmaceutical...

United States v. Aventis Pharmaceuticals Inc.

Status:Settled
Settlement Amount: $190 million
Practice Area(s): Whistleblower, Qui Tam & False Claims Act Attorneys
In September 2007, Aventis Pharmaceuticals Inc. (now known as Sanofi-Aventis SA) paid $190 million to the United States, a number of states and the District of Columbia to settle a qui tam lawsuit alleging that the company caused false claims to be...

Unpaid Gas Royalties in Arkansas, Kansas, Louisiana, Ohio, Oklahoma, Pennsylvania and Texas

Status:Under Investigation
Practice Area(s): Commercial Litigation , Consumer Protection
Berger & Montague is investigating allegations that several energy companies deliberately and fraudulently underpaid gas royalties to landowners who leased their land in exchange for gas royalty payments.

Unpaid Overtime Lawsuits for Fire Captains/First Responders

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of current and former fire captains, also called first responders, who claim they were not paid overtime.

Unpaid Overtime Lawsuits for Oil & Gas Industry Employees

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague is investigating potential class and collective action lawsuits on behalf of oil and gas industry employees who say they have not received overtime pay despite working more than 40 hours per week.

Unpaid Overtime Lawsuits for Park Rangers

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of current and former park rangers who claim they were not paid overtime for the time spent putting on and taking off their uniforms.

Unpaid Overtime Lawsuits for Police Officers

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague is investigating a potential class action lawsuit on behalf of current and former police officers who claim they were not paid overtime.
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