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Berger & Montague Cases

InvenSense, Inc.

Status:Pending
Practice Area(s): Securities Litigation
Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Northern District of California on behalf of all purchasers of InvenSense, Inc. (“InvenSense” or the “Company”) (NYSE: INVN) common stock between July 29, 2014 and October 28, 2014, inclusive (the “Class Period”).

Job Reclassification Lawsuits: Exempt to Non-Exempt Employees

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of workers who have been reclassified from exempt to non-exempt employees under the Fair Labor Standards Act.

Johnson v. Arizona Hospital and Healthcare Association

Status:Settled
Settlement Amount: $22.4 million
Practice Area(s): Antitrust
Berger & Montague was co-lead counsel for a class of temporary nursing personnel who allege they were harmed as a result of an unlawful agreement among Arizona hospitals to fix and suppress what the hospitals paid for such temporary work. In 2011,...

Justison v. McDonald's Corp.

Status:Settled
Settlement Amount: $2.42 million
Practice Area(s): Employment Law
The suit dates back to July 2008, when the plaintiffs lodged a complaint contending they were wrongly exempted from the FLSA for their title as assistant managers. McDonalds contended plaintiffs were exempt employees and denied plaintiffs overtime pay...

Kahn v. Sakar (Foodarama)

Status:Settled
Settlement Amount: $6.9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague represented plaintiffs in state class action over whether defendants breached fiduciary duties and N.J. Shareholders’ Protection Act in going private transaction and obtained $6.9 million settlement.

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...

Kia Shattering Sunroof Defect Lawsuit

Status:Pending
Berger & Montague has filed a class action complaint on behalf of a class of consumers who have purchased or leased a 2011- 2015 Kia vehicle equipped with a panoramic sunroof. The complaint alleges that these sunroofs have a defect that causes them to spontaneously shatter.

Kinam Gold, Inc.

Status:Settled
Settlement Amount: $29.2 million
Practice Area(s): Securities Litigation
On September 19, 2008, Berger & Montague reached a $29,250,000 cash settlement with Kinross Gold Corporation ("Kinross"), Kinross Gold U.S.A. ("Kinross USA"), Inc., and Kinam Gold Inc. ("Kinam") (the "Kinross Defendants") on behalf of current and...

King v. Wal-Mart Stores, Inc.

Status:Settled
Practice Area(s): ERISA & Employee Benefits
This case involved allegations that Wal-Mart and other fiduciaries of the Wal-Mart Profit Sharing and 401(k) Plan (the "Plan") breached their fiduciary duties to Plan Participants. They did so in connection with Wal-Mart's underpayment of retirement benefits to hourly employees of Wal-Mart who participated in the Plan.

KLA Tencor Securities Litigation

Status:Settled
Settlement Amount: $65 million
Practice Area(s): Securities Litigation
The firm, as a member of Plaintiffs' Counsel's Executive Committee, obtained a cash settlement of $65 million in 2009 in an action on behalf of investors against KLA-Tencor and certain of its officers and directors.

Klein v. Broadhead (Florida Power & Light

Status:Settled
Settlement Amount: $22.25 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague, as lead counsel, brought this derivative action on behalf of Florida Power & Light (FPL).

Kletman v. Hemispherx Biopharma, Inc.

Practice Area(s): Securities Litigation
The law firm of Berger & Montague, P.C. has filed a class action in the U.S. District Court for the Eastern District of Pennsylvania that expands the proposed class period to include all purchasers of Hemispherx Biopharma, Inc. ("Hemispherx" or the...

Korman v. InKine Pharmaceutrical Co., Inc.

Status:Settled
Settlement Amount: $9 million
Practice Area(s): Corporate Governance & Shareholder Rights
Berger & Montague brought a state stockholder action on behalf of class members who were denied preemptive rights provided under the articles of incorporation in several securities offerings by InKine. As sole counsel, Berger & Montague secured a settlement of $9 million. The settlement provided substantial compensation for the preemptive rights denied to class members.

Lamictal Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of the prescription drug Lamictal.

Lawsuit Investigation: Cadillac Escalade Air Conditioning Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 Cadillac Escalade because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: California Automatic Renewal Charges

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating potential claims on behalf of California residents who have been automatically charged for an ongoing product or service.

Lawsuit Investigation: Chevy Silverado 1500 Air Conditioning Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 Chevy Silverado 1500 because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: Chevy Suburban Air Conditioning Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 Chevy Suburban because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: Chevy Tahoe Climate Control Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 Chevy Tahoe because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: Employees Who Are Misclassified as Independent Contractors

Status:Under Investigation
Practice Area(s): Employment Law
Berger & Montague, P.C. is investigating potential class action lawsuits on behalf of employees who were misclassified as independent contractors by their employers.

Lawsuit Investigation: Employment/Criminal Background Report Errors

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. believes that consumer and credit reporting agencies must be held accountable when they make mistakes in their employment/criminal background reports. If you believe a background check company or a credit bureau has included improper, mistaken, or inaccurate information about you in a background check, please contact Berger & Montague.

Lawsuit Investigation: GMC Sierra Climate Control Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 GMC Sierra because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: GMC Yukon Air Conditioning Problems

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating possible claims against General Motors Company on behalf of consumers who purchased or lease a 2014 – 2015 GMC Yukon because of a defective design in the vehicle’s air conditioning system.

Lawsuit Investigation: Homeowners' Insurance/Loss Draft Check Fees

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating the possibility that some homeowners are being charged for bank-required inspections after submitting claims for property damage.

Lawsuit Investigation: How Employee Case Managers at Healthcare Providers Can Recover Lost Overtime Wages

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 healthcare company case managers who claim they were not paid overtime.
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