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Berger & Montague Cases

NIBCO Pex Tubing and Component Parts Lawsuit

Status:Pending
Practice Area(s): Consumer Protection
Berger & Montague has filed a lawsuit against NIBCO, claiming that their cross-linked polyethylene (PEX) plumbing tubes and component parts are substandard and fail earlier than consumers anticipated.

Nifedipine Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague represented a class of purchasers of generic Adalat CC 30 mg and 60 mg, generic versions of the blood pressure medicine Adalat CC. Defendants Biovail Corporation (in conjunction with its partner, Teva Pharmaceuticals USA, Inc.)...

Nissan Pathfinder Transmission Litigation and Class Action Information

Status:Settled
Practice Area(s): Consumer Protection
The law office of Berger & Montague, P.C. filed a class action lawsuit against Nissan North America for the malfunction of the Continuously Variable Transmission (“CVT”) in Nissan’s 2013 and 2014 Pathfinder vehicles.

Nortel Networks Corp. ERISA Litigation

Status:Settled
Settlement Amount: $21.5 million
Practice Area(s): ERISA & Employee Benefits
The case seeks recovery of losses suffered by participants in the Long-Term Investment Plan (the “Plan”) a 401(k) plan sponsored by Nortel Networks, Inc. (“Nortel”).

Norvir Antitrust Litigation

Status:Settled
Practice Area(s): Antitrust
Berger & Montague obtained a $52 million settlement for a class of direct purchasers of the anti-AIDS medicines Norvir and Kaletra. Norvir serves as a "booster" to prolong the efficacy of other anti-AIDS drugs. Berger & Montague, as co-lead...

Nuvelo, Inc. Securities Litigation

Status:Settled
Settlement Amount: $8.9 million
Practice Area(s): Securities Litigation
Berger & Montague is co-lead counsel for the class in the Nuvelo Securities Litigation. The consolidated complaint alleges, among other things, that defendants misled investors by repeatedly trumpeting prior clinical success in the ongoing clinical...

On-Line DVD Rental Antitrust Litigation

Status:Pending
Settlement Amount: $27.5 million (partial)
Practice Area(s): Antitrust
Berger & Montague is on the steering committee of plaintiffs' counsel representing a class of subscribers to Netflix and Blockbuster DVD on-line rental services. The case arises from an agreement executed in 2005 between Netflix and Wal-Mart,...

Oppenheimer Rochester Funds Group Securities Litigation

Status:Settled
Settlement Amount: $89.5 million
Practice Area(s): Securities Litigation
Berger & Montague is pleased to inform shareholders who invested in certain municipal bond funds managed by OppenheimerFunds, Inc. and distributed by OppenheimerFunds Distributor, Inc. that the Lead Plaintiffs in six consolidated class action lawsuits have reached an $85.9 million settlement with OppenheimerFunds, Inc. and other Defendants.

Oregon 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 Oregon between December 2014 and October 2015.

Ormond, et al. v. Anthem, Inc., et al.

Status:Settled
Settlement Amount: $90 million
Practice Area(s): Insurance & Financial Products & Services
Berger & Montague, P.C., together with co-counsel, prosecuted this class action against Anthem, Inc. (now known as WellPoint, Inc.) and Anthem Insurance Companies, Inc., in the United States District Court for the Southern District of Indiana...

Ovcon 35 Direct Purchaser Antitrust Litigation

Status:Settled
Settlement Amount: $22 million
Practice Area(s): Antitrust
Berger & Montague was among the lead class counsel in this antitrust class action on behalf of direct purchasers of the oral birth control medication, Ovcon 35. The class accused the defendants Warner Chilcott and Barr Pharmaceuticals of entering...

OxyContin Antitrust Litigation

Status:Settled
Settlement Amount: $16 million
Practice Area(s): Antitrust
Plaintiffs, represented by Berger & Montague, alleged that Defendant Purdue Pharmaceuticals filed bogus patent prosecution actions in an effort to crush competition from generic competitors.

Ozga v. U.S. Remodelers Inc.

Status:Settled
Settlement Amount: $1.8 million
Practice Area(s): Employment Law
Berger & Montague represented a class of approximately 270 current and former California employees working as Installers who alleged they were not paid for the all time they worked, were denied meal periods and were not reimbursed for business expenses by their employer, U.S. Remodelers, Inc. The suit alleged U.S. Remodelers violated the California Labor Code and California Industrial Welfare Commission Wage Orders.

Packaged Ice Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague represents a proposed class of direct purchasers of packaged ice, alleging that defendants engaged in a conspiracy to fix prices and allocate markets for packaged ice from January 1, 2001 through March 6, 2008. The defendants are...

Pampers Diapers With Dry Max

Practice Area(s): Consumer Protection
Berger and Montague, P.C. and co-counsel filed the cases consolidated as In Re Dry Max Pampers Litigation, which is pending in the United States District Court for the Southern District of Ohio against defendants Procter & Gamble Co., Procter &...

Parker v. American Isuzu Motors, Inc.

Status:Settled
Practice Area(s): Consumer Protection
In 2003, Berger & Montague filed a class action suit against American Isuzu Motors, Inc. and Isuzu Motors Ltd. on behalf of purchasers or lessees of 1998 and 1999 Isuzu Amigo and Rodeo automobiles who incurred economic damages in connection with...

Payday Loans Lawsuit Investigation

Status:Under Investigation
Practice Area(s): Consumer Protection
Berger & Montague, P.C. is investigating a potential class action lawsuit on behalf of anyone who has ever borrowed a payday loan, especially from Money Mutual.

Payment Card Interchange Fee and Merchant Discount Antitrust Litigation

Status:Settled
Settlement Amount: $7.25 billion
Practice Area(s): Antitrust
Berger & Montague is co-lead counsel for a Settlement Class of merchants who accepted Visa and/or MasterCard credit or signature debit cards since January of 2004 in an antitrust lawsuit that settled for approximately $5.2 billion and injunctive...

Pennsylvania Public School Employees' Retirement System v. Time Warner, Inc.

Status:Settled
Settlement Amount: $23 million
Practice Area(s): Securities Litigation
The Berger firm represented a group of pension funds seeking to recover for losses on their investments in AOL/Time Warner common stock. The case settled for $23 million.

Pet Foods Product Liability Litigation

Status:Settled
Settlement Amount: $24 million
Practice Area(s): Consumer Protection
The firm is one of plaintiffs' co-lead counsel in this multidistrict class action suit seeking to redress the harm resulting from the manufacture and sale of contaminated dog and cat food. Certain defendants recalled wheat gluten and/or rice protein...

PFG Best/Pergrine Futures Customer Account Class Action Lawsuit

Status:Pending
Practice Area(s): Commercial Litigation , Commodities & Options
Berger & Montague filed a class action on behalf of futures account holders of PFG Best/Peregrine, whose segregated account funds have been effectively frozen following reports of “accounting irregularities” at the futures brokerage firm and a reported suicide attempt by its founder and owner Russell R. Wasendorf, Sr.

Platinol Antitrust Litigation

Status:Settled
Settlement Amount: $50 million
Practice Area(s): Antitrust
North Shore Hematology/Oncology Associates brought this antitrust class action on behalf of itself and a class of direct purchasers of the cancer drug Platinol. Platinol is the brand-name version of the generic drug cisplatin. North Shore Hematology...

Premiere Technologies, Inc. Securities Litigation

Status:Settled
Settlement Amount: $20 million
Practice Area(s): Securities Litigation
The firm, as co-lead counsel, obtained a class settlement of over $20 million in combination of cash and common stock

Propane Exchange Tank Antitrust Lawsuit

Status:Pending
Practice Area(s): Antitrust
Berger & Montague serves as interim co-lead counsel representing direct purchasers of filled propane exchange tanks in a price-fixing lawsuit against the two dominant propane exchange tank manufacturers, Ferrellgas, L.P (doing business as Blue Rhino) and AmeriGas Propane, L.P.

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...
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