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Berger & Montague News

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Discovery Debate Prompts Mistrial In Don, Doff Suit

May 6, 2011
A federal judge in Nebraska granted a mistrial Friday in a class action accusing Nebraska Beef Ltd. of not paying employees for time spent donning and doffing protective equipment after a question about discovery prompted the meat packer's attorneys to withdraw.

Ex-Zenta worker sues, claims he was due overtime pay

March 25, 2011
A Charlotte mortgage underwriter is suing Zenta Mortgage Services, accusing the company of violating fair labor laws and failing to pay some employees for overtime, according to a federal lawsuit. The lawsuit alleges that Zenta — a company eligible for $10 million in taxpayer incentives to hire 1,000 workers in Charlotte — asked mortgage underwriters to work more than 40 hours per week on a base salary, with no overtime. The suit contends the practice violates the Fair Labor Standards Act.

WikiLeaks versus Whistleblowers

February 21, 2011
Despite thousands of recent print, broadcast and Internet reports about WikiLeaks, the renegade Web site's alleged whistleblowing activities and certain documents it has "published," qui tam remains the first name in whistleblower; "journalist" remains...

Thai Airways To Pay $3.5M To Exit Air Cargo MDL

February 18, 2011
Thai Airways International Public Co. Ltd. has agreed to pay $3.5 million to settle a multidistrict litigation accusing the carrier of participating in a widespread price-fixing plot in the air cargo industry. Plaintiffs in the case asked the U.S. District Court for the Eastern District of New York for preliminary approval of the deal on Thursday. In addition to setting up a $3.5 million settlement fund, the agreement also calls for Thai Airways, which has not pled guilty to any criminal price-fixing charges in the U.S., to cooperate with the plaintiffs' case against the remaining defendants.

Qantas To Pay $26.5M To Escape Air Cargo Cartel MDL

January 14, 2011
Qantas Airways Ltd. said Friday it would pay $26.5 million to settle a multidistrict litigation that alleged the Australian airline conspired with others to fix shipping prices for international air cargo. The deal announced by Qantas — the eighth airline to settle the litigation — comes a week after Cargolux Airlines International SA and All Nippon Airways Co. Ltd won court approval to settle the case for $35.1 million and $10 million, respectively.

Cargolux Wins Initial OK For $35M Price-Fixing Deal

January 7, 2011
A federal judge has granted Cargolux Airlines International SA initial approval for a $35.1 million deal to settle the multidistrict litigation accusing the carrier of participating in a widespread price-fixing plot in the air cargo industry. Judge John Gleeson of the U.S. District Court for the Eastern District of New York preliminarily signed off on the class settlement Thursday. In addition to creating a $35.1 million settlement fund, the agreement calls for Cargolux to provide "significant cooperation" to the plaintiffs as they continue to pursue similar claims against other airlines that have yet to settle the suits.

Toys R Us Price-Fixing Suit Shut Down

January 6, 2011
A federal judge has closed the door on an antitrust suit claiming that a Toys R Us Inc. subsidiary fixed prices on baby products by strong-arming manufacturers into setting price floors. Judge Anita Brody signed off on a stipulated order of dismissal on Wednesday in the U.S. District Court for the Eastern District of Pennsylvania, having found in August that the case couldn't go to trial because of pending settlements. The order and other court documents did not contain details of any settlements between the defendants...

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...

All Nippon Ends Air Cargo Price-Fixing MDL For $10M

December 13, 2010
On the heels of pleading guilty to related criminal charges, All Nippon Airways Co. Ltd. has agreed to pay $10.4 million to settle civil claims against it in a multidistrict litigation alleging widespread price-fixing in the air cargo transport...

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.

Lawsuit Claims That 401(k) and Pension Plans That Invested With Northern Trust Suffered Large Financial Losses as a Result of Northern Trust's Securities Lending Practices

October 10, 2010
Class Action Filed Against Northern Trust Investments, N.A. and the Nothern Trust Company Alleging Violations of Fiduciary Duty on Behalf of 401(k) Plans, Pension Plans and Participants

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.

Proposed Settlement in Class Action Suit Against Audi, Volkswagen Wins Judge's Approval

September 27, 2010
Volkswagen and Audi have agreed to pay sludgerelated maintenance costs for nearly 480,000 vehicles as part of a proposed settlement conditionally approved in federal court. The order filed Thursday, September 23, 2010 by Judge Joseph L. Tauro in Boston,...

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. . . .

Class Action by Disabled Employees Against the Social Security Administration Will Go Forward

August 31, 2010
PHILADELPHIA, Aug. 31 /PRNewswire-USNewswire/ -- A group of disabled employees of the Social Security Administration has secured another victory in a class action before the U.S. Equal Employment Opportunity Commission. On August 25, 2010, the EEOC...

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.
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