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Berger & Montague Cases

Fleming Companies Inc. Securities Litigation

Status:Settled
Settlement Amount: $94 million
Practice Area(s): Securities Litigation
The firm, as lead counsel, obtained a class settlement of $94 million for the benefit of the class.

FlowGuard Gold CPVC Lawsuit Investigation: Pipe and Fitting Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating the possibility that FlowGuard Gold's chlorinated polyvinyl chloride (CPVC) plumbing tubes and fittings are defective and fail earlier than expected.

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...

Force Protection, Inc. Derivative Litigation

Status:Settled
Settlement Amount: $2.25 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague represented one lead plaintiff in the action. A settlement has been reached which includes payment to the corporation of $2.25 million and the agreement to overhaul the company's corporate governance at the board and management levels. Additionally, the settlement provides for significant changes to the company's internal controls and cost accounting with a greatly revised insider trading policy.

Foreign Currency (FX) Exchange Rate Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague, P.C. represents proposed nationwide and statewide classes of Indirect Purchasers of foreign currencies and other investments that required the exchange of foreign currency (FX).

Fox v. Riverview Realty Partners, f/k/a Prime Group Realty Trust, et al.

Status:Settled
Settlement Amount: $8,250,000
Practice Area(s): Corporate Governance & Shareholder Rights
Patricia Fox ("Plaintiff") brought this lawsuit on behalf of all holders of Prime Group Realty Trust's ("PGRT") Series B Cumulative Redeemable Preferred Stock ("Series B Shares") during the period October 10, 2011 through December 26, 2012 (the "Class...

Garofalo v. Revlon, Inc.

Status:Settled
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague is sole lead counsel in a federal securities disclosure class case relating to exchange offer which omitted material information made by Revlon and controlling shareholders to its minority common shareholders, litigation ongoing.

George v. Uponor, Inc.

Status:Settled
Practice Area(s): Consumer Protection
Settlement of national class action regarding Uponor high-zinc yellow brass plumbing fittings used in potable water distribution systems throughout the United States was preliminarily approved on June 12, 2015 by Judge Ann D. Montgomery of the U.S. District Court for the District of Minnesota.

Gerber Good Start False Advertising Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating whether customers who bought Gerber’s Good Start Gentle formula can file a class action lawsuit against Gerber Product Co.

GFI Group, Inc. Securities Litigation

Status:Under Investigation
Practice Area(s): Corporate Governance & Shareholder Rights , Securities Litigation
Berger & Montague, P.C., has initiated an investigation on behalf of investors of GFI Group Inc. (NYSE:GFIG) in connection with the proposed takeover by the CME Group.

Ginsburg v. Philadelphia Stock Exchange

Status:Settled
Settlement Amount: $99 million
Practice Area(s): Corporate Governance & Shareholder Rights , Securities Litigation
Berger & Montague represented a former trader who brought a shareholder class action on behalf of minority shareholders of the Philadelphia Stock Exchange alleging breaches of fiduciary duty by directors of the exchange and the exchange itself. A...

Glass Dimensions v. State Street Bank & Trust Co.

Status:Settled
Settlement Amount: $10 million
Practice Area(s): ERISA & Employee Benefits
In May 2014, the U.S. District Court for the District of Massachusetts approved a $10 million settlement on behalf of retirement plans that invested in a collective trust established by State Street Bank & Trust Co. under a master securities lending agreement.

Government Contract Workers Lawsuits and Prevailing Wages

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of government contract workers who were not paid a prevailing wage while working on public works projects.

Graphite Electrodes Antitrust Litigation

Status:Settled
Settlement Amount: $120 million
Practice Area(s): Antitrust
Graphite electrodes are ceramic-molded columns of graphite used primarily in the production of steel and electric-arc furnaces also known as mini-mills. The lawsuit alleged that a number of manufacturers of electrodes, plus one Japanese distributor and...

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...

Greenwood v. Antonio Perez, et al. (Kodak ERISA) Lawsuit

Status:Settled
Practice Area(s): ERISA & Employee Benefits
Berger & Montague has filed a class action complaint on behalf of the participants and beneficiaries of the Eastman Kodak Employees' Savings And Investment Plan (the "SIP") and Eastman Kodak Employee Stock Ownership Plan (the "ESOP", collectively...

Hannaford Brothers Co. Customer Data Security Breach Litigation

Practice Area(s): Consumer Protection
On March 19, 2008, Berger & Montague filed a class action suit in the U.S. District Court for the District of Maine on behalf of all consumers in the U.S. whose credit card or debit card data was stolen from the computer network of Hannaford...

Hawaii Postal Service Worker Lawsuit: Illegal Background Check Issues at USPS

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who applied to work at the United States Postal Service (USPS) in Hawaii between December 2014 and October 2015.

Heartland Payment Systems, Inc. Data Security Breach Litigation

Status:Settled
Settlement Amount: $2.4 million
Practice Area(s): Consumer Protection
Berger & Montague served on the Steering Committee in this multi-district litigation. The case was settled in 2012. Heartland processes credit and debit card transactions for more than 150,000 merchants nationwide. The lawsuit challenged...

Hemispherx Biopharma Inc. Securities Litigation

Status:Settled
Settlement Amount: $3.6 million
Practice Area(s): Securities Litigation
Berger & Montague served as co-lead counsel in this consolidated class action stemming from the collapse of Hemispherx stock after it was revealed in December 2009 that the U.S. Food and Drug Administration had rejected Ampligen despite repeated...

Hertz Global Holdings

Status:Under Investigation
Practice Area(s): Securities Litigation
Berger & Montague, P.C. is presently investigating the filing of a suit against Hertz Global Holdings – HTZ – for its recently discovered accounting errors for fiscal years 2011, 2012 and 2013, which may require material adjustments according to its recent filing with the SEC, according to press reports. This revelation has caused its stock price to drop precipitously by as much as 9% at one point on Friday, June 6, 2014. If you own or have sold stock in Hertz Global Holdings, please contact the law firm of Berger & Montague, P.C., which are experts in class action laws suits, at 215-875-3000.

High Fructose Corn Syrup Litigation

Status:Settled
Settlement Amount: $531 million
Practice Area(s): Antitrust
Berger & Montague, as one of three Co-Lead Counsel, recovered settlements totaling $531 million on behalf of a class of direct purchasers of high fructose corn syrup (HFCS), the principal sweetener used in non-diet sodas as well as in many bakery...

Holmes v. Bank of America, N.A.

Status:Settled
Practice Area(s): Consumer Protection , Insurance & Financial Products & Services , Lending Practices & Borrowers’ Rights
Berger & Montague filed a class action complaint in the United States District Court for the Western District of North Carolina alleging that Bank of America requires certain borrowers to purchase wind insurance in excess of what their mortgage...

Holocaust Victim Asset Litigation

Status:Settled
Settlement Amount: $1.25 billion
Practice Area(s): Environmental & Mass Tort
Through membership on the executive committee in cases brought by Holocaust survivors against the three largest Switzerland-based banks, this litigation was settled for $1.25 billion. A significant opinion in the case can be found at: 105 F. Supp.2d...

Honda Accord Defective Starter Motor Lawsuit Investigation

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating the possibility that 2013 – 2015 Honda Accord models have a defective starter motor that fails earlier than expected.
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