Class Action and Multidistrict Litigation
- In re Processed Egg Products Antitrust Litigation – Obtained defense verdict for a large egg producer accused in a multidistrict class action litigation of participating in an industry-wide supply reduction conspiracy in violation of the Sherman Act after a six-week trial. The direct purchaser class alleged that the conspiracy resulted in an 18% increase in the wholesale price of shell eggs between 2002 and 2008 and claimed damages in the amount of approximately $1 billion, which would have been trebled if the jury had found liability.
- In re Mushroom Direct Purchaser Antitrust Litigation – Lead counsel for joint defense group of major U.S. mushroom producers and their agricultural cooperative in pending multidistrict litigation antitrust class action.
- In Re Polyurethane Foam Antitrust Litig. – Defense of nationwide criminal antitrust price fixing/customer allocation investigation, which resulted in no criminal prosecution. The investigation coincided with a multidistrict class action litigation alleging price fixing and customer allocation in the sale of polyurethane foam products to the automotive industry.
- Physicians Health Source v. Cephalon – Defended pharmaceutical manufacturer against allegations of violations of the Telephone Consumer Protection Act in class action arising from faxes sent by a subcontractor.
- In re: Linerboard Antitrust Litigation – Defended Union Camp Corporation and International Paper Corporation in a multidistrict litigation class action brought on behalf of a class of purchasers of linerboard who alleged price fixing. This case was reported to be the largest class action price fixing case in the history of the Eastern District of Pennsylvania at the time.
- In re: Blood Reagents Antitrust Litigation – Defended a blood testing laboratory named by the plaintiff in multi-district litigation alleging that manufacturers of blood reagents conspired to fix prices.
- L. et al. v. Value Behavioral Health, Inc. et al. – Defended a Medicaid program administrator in class action alleging antitrust violations as a result of the exclusion of a provider from the network in one county and denial of license for that provider in a second county.
- In re: Modafinil Antitrust Litigation – Apotex v. Cephalon et al. – Defended generic pharmaceutical manufacturer in multidistrict litigation class action against allegations of antitrust violations arising from settlement of patent litigation. Lead counsel among group of national defense counsel that successfully defeated certification of class of indirect purchasers.
- In re Municipal Derivatives Antitrust Litigation – Defended investment / financial advisor in antitrust claims brought in multidistrict litigation by over 20 municipalities relating to alleged bid-rigging in derivatives market.
- A.L. et al. v. Value Behavioral Health, Inc. – Defended a Medicaid managed care plan in a class action alleging civil rights claims on behalf of program recipients and antitrust claims by health care provider arising out of client’s use of an independent network of mental health care prescribers.
- Country Inn & Suites v. County of Berks – Successfully defended the constitutionality of hotel tax legislated by Berks County to subsidize its tourism industry.
- Bold Corporation v. Lancaster County – Successfully defended the constitutionality of hotel tax legislated by Lancaster County to fund the construction of a convention center.
- Murtagh v. County of Berks – Defended a Section 1983 class action attacking a county’s real estate tax assessment system.
- Sparks v. Service Finance Company – Defending class action alleging that a privacy notice violated New Jersey disclosure law.
- Jackson v. Wells Fargo Bank – Defended consumer class action involving allegations of improper servicing of residential mortgages.
- Morris v. Wells Fargo Bank – Defended consumer class action alleging improperly charging residential mortgagees for lender‑placed flood insurance.
- Mellon v. Independence Blue Cross – Defended consumer class action alleging violations of the Pa. Motor Vehicle & Financial Recovery Law by improperly pursuing subrogation.
- Piontek v. VIST Financial Corp. – Defended consumer class action alleging violations of the Electronic Fund Transfer Act.
- In re: Boscov’s Department Store FACTA Litigation – Defended multidistrict litigation class action in which a consumer class alleged a violation of the federal Fair Credit Reporting Act in connection with processing credit card transactions.
- Jones v. ABN Ambro Mortgage Group, Inc., et al. – Defended class action brought against over 20 banks and mortgage companies alleging fraud in connection with mortgage loans.
- Sponaugle v. First Union Mortgage Corp. – Defended class action alleging violations of the federal Fair Debt Collection Practices Act and Pennsylvania’s Unfair Trade Practices and Consumer Protection Law in connection with charging legal fees in a mortgage foreclosure.
- O’Neill v. Sovereign Bank – Defended class action involving alleged mismanagement of mortgage escrow accounts.
- Goldman v. RadioShack Corporation – Defended to verdict after 2-½-week jury trial a class action brought by a class of store managers who alleged they were deprived of overtime pay in violation of the federal Fair Labor Standards Act.
- Jones v. GPU – Defended a class action involving broad-based challenges to employment policies with respect to termination, promotion and compensation. Plaintiffs’ motion for class certification was denied.
- IUE-CWA et al. v. EnerSys – Defended international manufacturing company in connection with a federal class action in South Carolina emanating from its closure of a manufacturing facility in that state, which involved hundreds of employees and claims under the WARN Act and the Labor Management Relations Act.
- Sinan Oral, et al. v. Aydin Corp., et al. – Defended a communications and telemetry provider to the military, space and government in a wage and hour class action.
- Michelle Smith v. Sovereign Bancorp, Inc. and Sovereign Bank – Defended an off-the-clock collective claim for a large regional bank in which a magistrate judge ruled favorably upon a motion to decertify the class.
- Mallon v. Independence Blue Cross – Successfully defended a health insurer’s ERISA subrogation recovery practices in a class action lawsuit; obtained dismissal of complaint at pleading stage based on failure to exhaust administrative remedies and successfully handled appeal.
- Saltzman v. Independence Blue Cross – Defended ERISA class action brought to recover alleged inflated co‑payments required for the purchase of prescription drugs under an ERISA health benefit plan.
- Kuhns v. Meridian Bancorp – Defended to verdict a $30 million ERISA class action attacking the conversion of a profit-sharing plan to a defined benefit plan and successfully handled appeal.
- Fatyol v. Standard Insurance Co. – Defended class action challenging the defendant’s assertion of subrogation rights to recover disability benefits paid under ERISA plans.
- Sutton v. Capital Blue Cross – Defended a class action alleging violations of ERISA’s fiduciary duties and notice and disclosure provisions.
- Rush v. Meridian Bancorp – Defended a class action involving claims of alleged “partial terminations” of two ERISA plans as a result of the sale of a subsidiary business.
- Fastener Dimensions, Inc. et al. v. MassMutual – Represented as ERISA counsel life insurer in class action arising out of alleged fraudulent conduct of former agent in the sale of life insurance policies in connection with a retirement plan.
- Acted as national class action counsel for Burnham Corporation, a manufacturer of commercial and residential heating products, in class actions filed in several states over alleged defects in heating components.
- Teachers Retirement System of Louisiana v. Maurice R. Greenberg, et al. – Represented the former Chief Financial Officer of American International Group, Inc. in a shareholder derivative action authorized by the company against several former officers and directors, and involving additional businesses as defendants. The claims challenged relationships involving AIG, businesses with directors and officers in common with AIG, and transactions that the plaintiff alleged to be self-interested.
- Rubin v. Mercer Insurance Group – Defended a shareholder class action seeking to enjoin a merger transaction based on inadequate disclosure by the defendant’s officers and directors.
- Shaev v. Jay Sidhu – Plaintiffs attempted to invalidate an investment agreement between Sovereign Bancorp and Banco Santander and an acquisition agreement in which Sovereign agreed to purchase Independence Community Bank Corp.; case was consolidated with four other class actions and resulted in favorable settlement.
- Garfield v. Carlino, et al. – Defended directors in Pennsylvania state court shareholder derivative and class action case and defeated a motion for preliminary injunction seeking to derail a shareholder vote on a merger by using Pennsylvania’s newly enacted statutory scheme for special litigation committee formation and investigation of shareholder demands.
- Veitch v. Directors and Officers of VIST Financial Corp. – Defended directors and officers in Pennsylvania state court shareholder derivative and class action case challenging a merger based on the sale process and disclosures to shareholders.
- Superior Partners, derivatively on behalf of Penn National Gaming, Inc. v. Peter M. Carlino, et al. – Defended the directors and officers in a shareholder class action challenging the proposed sale of Penn National Gaming.
- Morrissey v. Amboy Bancorporation – Represented a class of frozen-out shareholders and secured a verdict of $20 million.
- In re LIBOR-Based Financial Instruments Antitrust Litigation – Negotiated early dismissal of class action claims alleging student loan lender American Education Services (PHEAA) benefited from LIBOR manipulation.
- In re: Boscov’s Department Store FACTA Litigation – Defended retailers in multidistrict litigation class action cases in which consumers alleged violation of the federal Fair Credit Reporting Act in connection with credit card transaction processing.
- In re Tribune Fraudulent Conveyance Litigation – Defended bank that allegedly engaged in fraudulent sale of publicly held corporation’s stock back to company as part of taking company private.
- In re Roundup Products Liability Litigation – Represent plaintiffs alleging products liability claims arising from medical condition caused by significant exposure to weed killer that manufacturer represented as safe for humans, and failure to warn consumers of health risks associated with use of product.