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Recent Favorable Rulings in 2 Separate Cases

Posted: October 5, 2016
Practice Areas: Environmental & Mass Tort

Berger & Montague is happy to report that the firm received two favorable orders on Friday, September 30 in two separate cases, which will now enable the firm to pursue discovery in each matter in support of our claims.


The first matter is a class case brough against Xerox on behalf of about 21,000 Alaska Medicaid providers, in connection with its defective design and roll-out in October 2013 of a new Medicaid Management Information System for processing providers' submitted claims. Because of design defects, the firm asserted that valid provider claims were inordinately delayed beyond the contractual time period in which they were required by the State of Alaska to be paid (causing class members consequential tort and statutory damagers). After oral argument on the briefing was held this summer, the Court denied Xerox's motion to dismiss, as well as its motion to strike our class allegations. Defense counsel is K&L Gates.

On that case are Michael Twersky, Arthur Stock, Phyllis Parker, and Sherrie Savett.


The second matter is an individual case brought against Safelite under the Lanham Act by a competitor windshield repair business, which invented a patented technology to inexpensively repair windshields damaged by cracks longer than a dollar bill (instead of customers having to pay for the expensive--and potentially dangerous--windshield replacements in this very common scenario). Berger & Montague claimed that Safelite engages in false misrepresentations about the industry standards that have artifically depressed the windshield repair market by making this type of repair appear to be feasible (when it is not). Defense counsel is Jones Day.

On that case are Michael Twersky and Michael Kane.

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