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Berger & Montague In The News

Berger & Montague, and its attorneys and cases, are regularly featured and profiled in the media.

If you are a member of the news media, an established news blogger, or a news or feature producer seeking to develop a story concerning a legal subject or newsworthy case, please visit our For The Media page.

Judge Sets Stage For Trial In Norvir Monopoly Case

January 18, 2011
A federal judge has greenlighted several suits against Abbott Laboratories accusing the pharmaceutical company of illegally hiking the price for its HIV drug Norvir in order to protect another Abbott drug from competition, setting the stage for a jury...

AIG Led Insurer Payouts In 2010

January 1, 2011
The leading settlements and verdicts in the insurance industry in 2010 arose from the alleged financial misdeeds and improper practices of insurers instead of traditional policyholder claims, with payouts involving American International Group Inc. that...

2nd Circ. Bars Priceline From $336M Class Deal

December 17, 2010
A federal appeals court has rejected Inc.'s attempt to get a cut of a $336 million class action settlement in an antitrust case accusing the nation's largest credit card companies of colluding to levy fixed currency conversion fees.

3rd Circ. Says Pet Food Refund Cap Still Needs Work

December 16, 2010
A federal appeals court mostly upheld a $24 million settlement Thursday over a massive recall of pet food, but sent the settlement back to district court for further proceedings over a cap on reimbursements for recalled pet food purchased by class...

Court Approves $850,000 Distribution in U.S. Antitrust Law Class Action

December 16, 2010
United States District Court for the Southern District of New York Chief Judge Loretta A. Preska has signed an order approving a plan submitted by class counsel and The New York Bar Foundation for a cy pres distribution of residual class action...

Farmers Pride Donning-Doffing Action Recertified

December 10, 2010
A federal judge gave new life to a collective action against Farmers Pride Inc. on Friday when he ordered that the case - which accuses the chicken processor of allegedly failing to pay workers for time spent donning, doffing and sanitizing safety gear...

$2.4 Million McDonald's FLSA Settlement Wins Court OK

November 10, 2010
A federal jduge has approved a $2.4 settlement between McDonald's Corp. and a class of assistant managers that accused the fast food giant of wrongly exempting them from Fair Labor Standards Act protections. . . . Calling the agreement "fair and reasonable," Judge Stark brought to a close a two-year-old suit accusing McDonald's of failing to dole out overtime pay to deserving managerial employees.

Goldman Faces Lawsuit On $1.2B Hudson CDO Deals--Filing

November 9, 2010
Goldman Sachs Group Inc. (GS) faces a class-action lawsuit over two collateralized debt obligations it packaged and sold in 2006 and 2007, according to its latest quarterly regulatory filing. The CDO deals, called Hudson Mezzanine Funding 1 and 2, concern $1.2 billion of subprime and other residential mortgage-backed securities, many of which were sponsored by subprime mortgage lenders including Washington Mutual's Long Beach unit, New Century Financial Corp., Fremont General's Fremont unit, Countrywide Financial Corp., Lehman Brothers Holdings Inc. (LEHMQ) and Bear Stearns Cos. The suit, filed by Philadelphia law firm Berger & Montague on behalf of plaintiffs, also names two former senior Goldman officials, Peter L. Ostrem and Darryl K. Herrick, for leading in the structuring and selling of the securities.

Toll Bros. To Pay $25M To End Securities Suit

November 2, 2010
Real estate developer Toll Brothers Inc. has agreed to pay $25 million to settle a securities fraud class action accusing the company and several officers and directors of misrepresenting its financial condition during the housing slump. . . . The lead plaintiffs’ attorneys are Robbins Geller Rudman & Dowd LLP and Berger & Montague PC.

Ariz. Hospitals Settle Nurses' Antitrust Suit For $22M

September 28, 2010
An Arizona health care trade association and more than a dozen hospitals have agreed to pay $22 million to settle a class action accusing them of operating a cartel to drive down temporary nurses' wages. . . . The settlement also includes a class of per diem temporary nurses who worked for any of the hospital defendants during the same period.

9th Circ. Snubs Abbott’s Challenge To Norvir Cases

September 28, 2010
A federal appeals court has rejected Abbott Laboratories' petition for a writ of mandamus seeking the dismissal of antitrust claims from several suits accusing the pharmaceutical company of illegally hiking up the price for its HIV drug Norvir. The...

Generics Subject To Solvay Sham Litigation Claims

September 17, 2010
A federal judge has kept alive claims alleging generics makers Par Pharmaceutical Cos. Inc. and Paddock Laboratories Inc. engaged in sham litigation by agreeing not to release competing versions of Solvay Pharmaceuticals Inc.’s testosterone supplement AndroGel. Judge Thomas W. Thrash Jr. of the U.S. District Court for the Northern District of Georgia issued the order Thursday responding to the defendants' requests for clarification on whether he had dismissed those claims in a February ruling.

Purdue To Pay $16M To Settle OxyContin Claims

September 8, 2010
Purdue Pharma LP has agreed to pay $16 million to settle claims by direct purchasers of OxyContin that the drugmaker filed bogus patent litigation to crush generic competition. The direct purchasers' lead plaintiffs filed a motion Tuesday in the U.S. District Court for the Southern District of New York asking for preliminary approval of the settlement, which covers a class of entities who bought the drug directly from Purdue from Dec. 12, 1995, to Aug. 31, 2010. . . .

Farmland Workers' Safety Gear Not 'Clothing'

August 18, 2010
A federal judge has nixed Farmland Foods Inc.'s bid to toss a donning and doffing collective action, finding that personal safety gear worn by hourly workers at a Nebraska meat-processing plant wasn't mere clothing under the Fair Labor Standards Act.

AAI Pushes For Class Cert. In Hospital Merger Suit

August 13, 2010
The American Antitrust Institute has urged a federal appeals court to overturn a judge's denial of class certification to a group of patients alleging Evanston Northwestern Healthcare Corp.'s hospitals abused their monopoly power after a 2000 merger. ...

Dan Miller - Main Justice

August 6, 2010
Main Justice: Politics, Policy and the Law - profiled Of Counsel Daniel R. Miller on August 6, 2010.

Unsung Heros

May 25, 2010
Sarah Schalman-Bergen, of counsel with the AIDS Law Project, was co-lead counsel on a case involving TIAA-CREF, a financial services company, which had presented a man's retirement benefits to his ex-wife, instead of his longtime partner who he had named as beneficiary. The court decided that the partner was the lawful beneficiary of all of the man's annuity contracts, and was therefore entitled to the full amount of money in dispute. After a March 29, 2010, mediation, TIAA-CREF paid the partner the full contract amount plus pre- and post-judgment interest, as ordered by the court. Home > Federal Judge Refuses to Dismiss Suit in Provigil Antitrust Case

April 2, 2010
In one of the most closely watched antitrust cases on the Eastern District of Pennsylvania's docket, a federal judge has refused to dismiss claims that biopharmaceutical giant Cephalon Inc. established an illegal monopoly for its profitable drug...

Cargill Line Workers Certified In Consolidated FLSA Suit

March 12, 2010
The magistrate judge overseeing a consolidated suit accusing Cargill Meat Solutions Corp. of failing to pay its employees for time spent performing tasks off the production line has conditionally certified one case and approved the distribution of a...

US Remodelers Settles Wage Class Action For $1.8M

March 2, 2010
A federal judge has granted preliminary approval to a $1.8 million settlement between U.S. Remodelers Inc. and a class of about 270 current and former California employees who alleged they were not paid for the all time they worked, were denied meal periods and were not reimbursed for business expenses.

Berger & Montague Attorney Named to Law360 Editorial Boards

January 13, 2010
The publishers of Law360 have named Berger & Montague shareholder Lawrence J. Lederer (Securities Law360) to the editorial boards of two of their daily online newsletters. Practitioners and others throughout the United States rely on Law360...

HSBC Settles In Arbitration Clause Antitrust Action

January 4, 2010
HSBC Finance Corp. has become the fourth defendant to reach a tentative deal in an antitrust class action accusing the bank and several rivals of colluding to force consumers to arbitrate disputes stemming from their credit card contracts. ... "We're...

Employment Plaintiffs Firms Of The Year

January 1, 2010
Law360's notable employment plaintiffs firms of 2009 saw years of hard work pay off last year, securing big settlements for classes of workers in long-running wage-and-hour and discrimination cases.

Capital One Settles Litigation Over Card Disputes

December 18, 2009
Capital One Financial Corp. will drop language from credit card contracts that requires customer disputes to be handled through binding arbitration rather than the courts, a spokeswoman for the bank said Thursday. . . . Philadalphia-based Berger & Montague said its tentative settlements with Capital One and the two other card issuers leave four remaining defendants in the lawsuit: Citibank, Discover, HSBC and the National Arbitration Forum. The case is a class-action lawsuit brought on behalf of card holders in federal court in New York City.

JPMorgan Pulls Arbitration Clause From Card Contracts

November 20, 2009
JPMorgan Chase & Co.’s credit-card contracts will no longer require disputes to be settled through arbitration, a practice that lawmakers said was biased against cardholders, to help settle an antitrust lawsuit. . . . JPMorgan, the biggest U.S. card lender, stopped using arbitrators in July, spokesman Paul Hartwick said today in an e-mail before Berger & Montague announced the settlement. The revised policy at the New York-based bank “reflects our commitment to clearer and simpler communication with our customers,” Hartwick wrote. The bank denied any wrongdoing, according to Philadelphia-based Berger & Montague. JPMorgan is the only defendant that agreed to settle and will drop the arbitration clause for at least 3½ years starting in 2010, Merrill Davidoff, an attorney with the law firm, said in an interview.
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