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Berger & Montague Cases

Honda Crosstour 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 Crosstour models have a defective starter motor that fails earlier than expected.

Honda Odyssey Transmission Malfunction Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague, P.C. has filed a claim against American Honda Motor Company, Inc. for the malfunction of the transmission in model-year 2014 or later Honda Odyssey vehicles.

Hyundai Shattering Sunroof Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague is investigating claims that Hyundai did nothing to protect or inform drivers about the possibility of panoramic sunroofs in certain Hyundai models spontaneously shattering.

Hyundai Sonata Engine Failure Investigation for 2011 and 2012 Model Years

Status:Under Investigation
Practice Area(s): Consumer Protection
The law office of Berger & Montague, P.C. is investigating possible claims against Hyundai Motor Company for the premature wearing of connecting rod bearings in the engines of the 2011-2012 Sonata models with the Theta II engine.

IKON Office Solutions Inc. Securities Litigation

Status:Settled
Settlement Amount: $111 million
Practice Area(s): Securities Litigation
The firm, serving as both co-lead and liaison counsel, obtained a cash settlement of $111 million in an action on behalf of investors against IKON and certain of its officers.

Illinois Biometric Privacy Act Lawsuit Investigation

Status:Under Investigation
Practice Area(s): Consumer Protection , Employment Law
Berger & Montague, P.C. is investigating possible claims against Illinois employers for collecting biometric information without first providing the proper disclosures and receiving authorizations required by Illinois law.

In re Domestic Drywall Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is interim Co-Lead Counsel on behalf of a class of direct purchasers of drywall, in a case alleging that the dominant manufacturers of drywall engaged in a conspiracy to fix drywall prices in the U.S. and to abolish the industry's long-standing practice of limiting price increases for the duration of a construction project through "job quotes."

In re Ductile Iron Pipe Fittings (DIPF) Direct Purchaser Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents proposed classes of direct purchasers in this action alleging that Defendants engaged in anticompetitive conduct between January 2008 and the present that artificially increased prices for DIPF. Plaintiffs allege that from January 2008 through May 2009 Defendants McWane, Inc., Sigma Corporation, and Star Pipe Products, Ltd. participated in a conspiracy to fix prices for domestic and imported DIPF. Beginning in 2009, Plaintiffs allege that McWane unlawfully maintained its monopoly in the domestic DIPF market.

In re High Tech Employee Antitrust Litigation

Status:Settled
Settlement Amount: 415000000
Practice Area(s): Antitrust , Employment Law
Berger & Montague represented a class of employees suing technology and media giants including Apple Inc., Google Inc., Intel Corp., Adobe Systems Inc., Intuit Inc., Pixar Animation Studios Inc. and LucasFilm Ltd. over alleged agreements not to...

In re Hypodermic Products Antitrust Litigation

Status:Settled
Settlement Amount: $45 million
Practice Area(s): Antitrust
Berger & Montague served on the Executive Committee for a class of direct purchasers of hypodermic products, including syringes and blood collection devices. Plaintiffs alleged that through product bundling and other means, Defendant Becton...

In re K-Dur Antitrust Lawsuit: Class Claims Anticompetitive and Artificially High Prices

Status:Settled
Practice Area(s): Antitrust
Berger & Montague is Co-Lead counsel for a class of direct purchasers of the brand-name drug K-Dur 20, a potassium chloride supplement used to treat patients with depleted potassium. The class alleges that Schering-Plough, Upsher-Smith, and American...

In re Lipitor Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague P.C. was named interim co-lead class counsel on behalf of a class of direct purchasers of the prescription drug Lipitor from Pfizer Inc. in this blockbuster antitrust class action involving alleged efforts to delay generic entry to...

In re Loestrin 24 Fe Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed Co-Lead Class Counsel in a challenge to a pay-for-delay deal for the birth control medication Loestrin 24 Fe.

In re NetBank, Inc. Securities Litigation

Status:Settled
Settlement Amount: $12.5 million
Practice Area(s): Securities Litigation
Beginning in September 2007, two class actions were instituted on behalf of purchasers of NetBank common stock, alleging claims against NetBank and certain of its officers and directors for violations of the federal securities laws. By an Order of the...

In re Nexium Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague has been appointed co-lead counsel in a challenge to a pay for delay deal for the billion dollar drug, Nexium.

In re Niaspan Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Class action challenging pay for delay deal concerning the brand name drug Niaspan.

In re North Sea Brent Crude Oil Futures Litigation

Practice Area(s): Antitrust , Commercial Litigation , Commodities & Options
On November 18, 2013, Berger & Montague, P.C. filed a proposed class action on behalf of traders of Brent Crude Oil futures contracts against Royal Dutch Shell plc, BP plc, Statoil ASA, Morgan Stanley, Trafigura Beheer B.V., Trafigura AG, Phibro Trading LLC, and Vitol, S.A. (collectively, “Defendants”) during the period of at least 2002 through the present.

In re Rail Freight Fuel Surcharge Antitrust Litigation

Status:Pending
Practice Area(s): Antitrust
Berger & Montague is counsel to a certified class of direct purchasers of rate-unregulated rail freight transportation services (i.e., freight transportation services not regulated by the federal Surface Transportation Board), who purchased those services directly from defendants Union Pacific Railway Company (“UP”), CSX, Transportation, Inc., BNSF Railway Company (“BNSF”) and Norfolk Southern Railway Company (“NS”), and who paid a stand-alone fuel surcharge imposed by the defendants on the base freight transportation rate.

In re Titanium Dioxide Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague represented a proposed class of direct purchasers of titanium dioxide, a product used in paints, inks and other applications. Plaintiffs alleged that defendants, the primary suppliers of titanium dioxide in the U.S., conspired to raise, maintain or stabilize the prices for the product between 2002 and the present. Settlements totaling $163.5 million received final approval in December 2013.

In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague (along with Quinn Emanuel Urquhart and Sullivan LLP) is interim co-lead counsel in this class action on behalf of traders of gold-based derivative contracts, physical gold, and gold-based securities against The Bank of Nova Scotia, Barclays Bank plc, Deutsche Bank AG, HSBC Bank plc, Société Générale and the London Gold Market Fixing Limited.

In Re: Libor-Based Financial Instruments Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust , Commodities & Options
Berger & Montague is counsel to a proposed class of investors who transacted in Eurodollar futures contracts and options on futures contracts on the Chicago Mercantile Exchange (“CME”) between August 2007 and May 2010. The consolidated class action lawsuit, In Re: Libor-Based Financial Instruments Antitrust Litigation, alleges that the banks colluded to misreport and manipulate Libor rates, thereby harming investors in futures, swaps, and other Libor-based derivative products.

Independent Contractor Lawsuit: Roadside Service Technicians

Status:Pending
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of roadside service technicians who have been misclassified as independent contractors by their employers.

Independent Contractor Lawsuit: Truck and Delivery Drivers

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of truck and delivery drivers who believe they have been misclassified as independent contractors by their employers.

Inergy, L.P. Unitholder Litigation

Status:Settled
Practice Area(s): Corporate Governance & Shareholder Rights
Inergy announced in its recent Form 10-K filed November 16, 2011: Following the announcement of the Merger Agreement, two unitholder class action lawsuits were filed in the Court of Chancery of the State of Delaware challenging the proposed merger...

Infant Formula Antitrust Litigation

Status:Settled
Settlement Amount: $125 million
Practice Area(s): Antitrust
Berger & Montague served as co-lead counsel in an antitrust case alleging that three manufacturers of infant formula (Abbott Labs, Bristol-Myers Squibb and American Home Products) conspired to raise prices. The District Judge, Maurice M. Paul,...
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