What we say about the firm's legal practice in United States
Litigation
Within Mass tort and class action: plaintiff representation – antitrust, Berger & Montague, P.C. is a first tier firm,
According to clients, Berger & Montague, P.C. is ‘outstanding’ and ‘the best of the many players in this area of practice’. The firm has a sterling reputation in complex and class action litigation in a number of practice areas, particularly antitrust. The highly regarded Eric Cramer heads the team, which was appointed as co-lead counsel in Delaware Valley Surgical Supply Inc v Johnson & Johnson in an action brought against Johnson & Johnson as a dominant manufacturer and seller of sutures. The class of direct purchasers alleged that the defendant compelled them to pay penalties if they acquired endosurgical products from rivals, leading to a $13m settlement in 2010. During the case, the firm also won an important ruling, in which the US Court of Appeals for the Ninth Circuit upheld the firm’s argument that direct purchasers are the appropriate plaintiffs to sue for damages under antitrust laws even where end users partially set the purchase price. David Sorenson is leading a team as co-lead counsel for a proposed class of direct purchasers of the anti-diuretic DDAVP, in an action against Ferring BV, Ferring Pharmaceuticals and Aventis Pharmaceuticals. The case is pending in the Southern District of New York, and addresses the issue of antitrust standing for claims involving improperly obtained or unenforceable patents. H Laddie Montague is ‘well seasoned’ and a ‘big name’ in the space.