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Berger & Montague For 33 years, Berger & Montague has specialized in class actions in the fields of securities, antitrust, mass torts and civil and human rights. The 60-member Philadelphia firm has secured awards and settlements worth billions for its clients. It was one of four lead counsel that structured the $1.3 billion global settlement of all claims against Michael R. Milken, the officers and directors of Drexel Burnham Lambert and the more than 350 Drexel/Milken-related entities. noteworthy cases: In re Waste Management Inc. Securities Litigation (N.D. Ill. 2000), co-lead counsel-Sherrie Savett. Representing a class of investors, the firm obtained a $200 million cash settlement. In re IKON Office Solutions Inc. Securities Litigation (E.D. Pa. 2000), co-lead and liaison counsel-Merrill G. Davidoff. In an action filed against IKON and some of its officers on behalf of its investors, the firm negotiated a $111 million cash settlement. Bernstein Liebhard Founded in 1993, New York’s Bernstein, Liebhard & Lifshitz does “99% securities,” founder Stanley D. Bernstein said. It has 25 lawyers, two formerly with the Securities and Exchange Commission. noteworthy cases: In re Initial Public Offering Securities Litigation (S.D.N.Y. 2003), co-lead counsel-Stanley Bernstein. Teaming with New York’s Milberg Weiss Bershad Hynes & Lerach, in June 2003 the firms brokered a $1 billion settlement on behalf of investors in more than 300 publicly traded technology companies accused of inflating their stock value during the 1990s bull market. Tuchman v. Volvo Cars of North America Inc. (Bergen Co., N.J., Super. Ct. 1999), lead attorney-Stanley Bernstein. In 1999, plaintiffs negotiated a settlement valued at $30 million in a class action filed on behalf of more than 35,000 Volvo owners who bought cars with defective tires. Butler Wooten Based in Columbus, Ga., Butler, Wooten, Fryhofer, Daughtery & Sullivan has represented plaintiffs nationwide in a range of civil actions, including products liability, business torts, environmental litigation and medical malpractice. The 12-member firm, founded in 1988, has won hundreds of millions in verdicts and settlements. In particular, it presided over one of the first cases of punitive damages awarded in Georgia against General Motors for auto products liability (Moseley v. General Motors Corp.). noteworthy cases: Widow v. Anonymous Construction Co. (2002). A trucking service technician was killed on a job site when a crane collapsed. The case settled for $2.7 million. The parties remain confidential. Morrell v. AlliedSignal Inc. (S.D. Ga. 2001), lead attorney-Joel Wooten. Plaintiffs in this mass tort sustained injuries as a result of exposure to mercury during the course of their employment at LCP Chemicals Inc. Settled for $17 million. The Morrell and Leggett courts issued gag orders. Public documents disclosed the settlement terms. Clifford Law Offices Covering the spectrum of personal injury practice, from aviation and medical negligence to products and premises liability, the Chicago-based Clifford Law Offices has recovered hundreds of millions in verdicts and settlements for its clients. Founded in 1984, the firm’s 22 lawyers have gained recognition in aviation litigation and for setting legal precedent with the 1990 Illinois case Barkei v. Delnor Community Hospital, where the court held that in malpractice claims, injuries that occur in hospitals can be proved by circumstantial evidence. noteworthy cases: In re Air Crash Near Point Mugu, California (N.D. Calif. 2003), lead attorneys-Robert A. Clifford and Kevin P. Durkin. Alaska Airlines and Boeing Corp. were both found liable for the crash of Alaska Flight 261 which plunged into the Pacific Ocean, killing all 88 aboard the craft. The case settled for $37.6 million. People v. Philip Morris (Cook Co., Ill., Cir. Ct. 2002), lead attorney-Robert A. Clifford. Attorneys who had represented the state of Illinois in tobacco litigation sued the state for their attorney fees. The case settled for $67.5 million. Constantine & Partners An antitrust litigation firm, Constantine & Partners has gained a national reputation since its 1994 founding in New York. Representing clients in all aspects of antitrust law as well as in complex commercial disputes, the 17-member firm has been lead counsel in several high-profile cases, including Kesmai Corp. v. America Online (settlement terms are confidential). Many of its attorneys have testified before Congress on antitrust and international trade issues. noteworthy cases: Bartholdi Cable v. Time Warner (E.D.N.Y. 2001), lead attorneys-Lloyd Constantine and Robert Begleiter. Residents in the New York metropolitan area were deprived of the full benefits of competition, in particular access to low-cost programming services, because of Time Warner’s monopolization of the cable television market in the region. According to published reports, the case settled for more than $80 million. Cotchett Pitre For 35 years, Cotchett, Pitre, Simon & McCarthy has engaged exclusively in litigation, representing plaintiffs in a wide variety of practice areas, including products liability, securities and aviation. With 20 lawyers, the firm, based in Burlingame, Calif., gained national recognition when it represented thousands in the securities class action against Lincoln Savings & Loan and Charles Keating a decade ago. It won a $3.5 billion judgment, which was later reduced to $1.75 billion. noteworthy cases: Behr Wood Sealant Cases (San Joaquin Co., Calif., Super. Ct., 2003), co-lead counsel-Bruce Simon. National consumer class action for damages resulting from the use of defective sealant products. The court approved a preliminary settlement of $107.5 million. Wisper v. Old Republic (San Francisco Co., Calif., Super. Ct. 2001), lead attorney-Niall McCarthy. Class action alleging title companies were improperly earning interest on consumer deposits. The jury awarded $15 million. Gibbs & Bruns Engaged in a wide range of commercial litigation, including securities, antitrust, contract and oil and gas disputes since 1983, Houston-based Gibbs & Bruns has obtained more than $200 million in jury verdicts and settlements for both its corporate and individual plaintiffs since 2001. The 30-member firm filed suit in May 2003 against Bank One in Phoenix on behalf of 180 holders of more than $1.6 billion in defaulted bonds issued by the now-defunct National Century Financial Enterprises. noteworthy cases: Merrill Lynch Global Allocation Fund v. Natwest Finance (Middlesex Co., N.J., Super. Ct. 2001), lead attorney-Kathy Patrick. Plaintiff investment funds lost a substantial portion of a $450 million bond offering by Nakornthai Strip Mill Public Co., a Thai steel company. The case settled for approximately $72 million. Girardi & Keese Since its founding in 1965, Los Angeles’ Girardi & Keese has recovered more than $1 billion for plaintiffs, including a landmark $333 million settlement for the residents of Hinkley, Calif., over allegations of contaminated drinking water in 1996. The firm’s environmental work ranges from class actions against polluting industrial facilities to toxic torts and air and noise pollution cases. The 29-attorney firm, established by partners Thomas Girardi and Robert Keese, also represents clients in pharmaceutical and products liability cases. noteworthy cases: Triana v. Vons Cos. (Los Angeles Co., Calif., Super. Ct. 2003), lead attorneys-Thomas V. Girardi and Amy F. Solomon. The firm negotiated a $35 million settlement on behalf of an 11-year-old girl injured in the parking lot of a Vons store when a light fixture fell, striking her on the head. She suffered extensive brain damage. The plaintiffs alleged that the material used to construct the fixture had a known propensity to decay and that the defendants had ignored signs of erosion. Rogers v. Braun Medical Inc. (S.D. Calif. 2003), lead attorney-Robert M. Keese. An inventor won a $25.8 million verdict against a medical supply firm that allegedly misappropriated trade secrets and stole the design for a needle-free intravenous delivery system. The verdict included $5 million in punitive damages. Haggard Parks Since its 1995 founding, Haggard, Parks, Haggard & Bologna in Coral Gables, Fla., has represented individual clients in aviation disaster, premises liability and many other bodily injury cases, recovering more than $180 million in verdicts and settlements. One notable exception was the five-lawyer firm’s foray into class actions as co-local counsel in Florida’s Microsoft antitrust case. In April 2003, preliminary approval was granted for a $200 million settlement. noteworthy cases: Hinton v. 2331 Adams Street Corp. (Broward Co., Fla., Cir. Ct. 2003), lead attorney-Michael Haggard. A toddler sustained brain damage after nearly drowning in a pool improperly secured by an apartment complex. The jury awarded $100 million-one of the largest jury verdicts in Florida history. Bustos v. Leiva (Miami-Dade Co., Fla., Cir. Ct. 2001), lead attorney-Michael Haggard. A Miami jury awarded $21 million to a woman who was injured when her car was struck by another driver, who was using his cellphone at the time of the crash. Kohn, Kohn and Colapinto The five-lawyer Washington firm Kohn, Kohn and Colapinto specializes in protecting whistleblower employees, FBI agents and individuals exposing fraud in federal contracting. Founded in 1988, it successfully challenged the payment of “hush money” in the nuclear industry that resulted in the Nuclear Regulatory Commission implementing formal rules prohibiting the practice. (Macktal v. Secretary of Labor). noteworthy cases: Georgia Power Co. v. USDOL (11th Cir. 2002), lead attorney-Michael Kohn. A whistleblowing high-level nuclear plant manager was fired in violation of the employee protection provisions of the Energy Reorganization Act of 1974. After it was determined on appeal that the manager was engaged in protected activity, the court ordered his reinstatement and awarded $4.5 million in damages. Sanjour v. U.S. Environmental Protection Agency (D.C. Cir. 1995) (en banc), lead attorney-Stephen Kohn. Employees of the EPA and environmental groups brought suit against the agency, challenging regulations that prohibited EPA employees from receiving reimbursement for expenses for unofficial speaking engagements concerning their official duties. Holding that the regulation violated the employees’ First Amendment rights, the court declared that it was unconstitutional and issued an injunction against its enforcement. Korein Tillery A 20-lawyer firm in St. Louis, Korein Tillery earlier this year won a $10.1 billion judgment against Philip Morris, including $3 billion in punitives, in the first consumer fraud class action over “light” cigarettes. The firm’s specialty practice areas include class actions (consumer fraud and ERISA), mass torts, individual tobacco cases, products liability and medical malpractice. noteworthy cases: Sparks v. Lucent Technologies (Madison Co., Ill., Cir. Ct. 2002), lead attorney-Stephen Tillery. One of the largest class actions in terms of class size, it alleged consumer fraud in the residential telephone leasing programs of Lucent and AT&T Corp. The six-year-long litigation involved three appeals, one of which made it to the Illinois Supreme Court. It settled the week it was to proceed to trial, in August 2002, for $300 million. Malloy v. Ameritech (S.D. Ill. 2000), lead attorneys-Steven Katz and Douglas Sprong. The firm represented several thousand Ameritech retirees who challenged the way Ameritech benefit plans computed lump-sum distributions. The case settled for more than $175 million after Korein Tillery won summary judgment on liability. Kramer, Dillof The husband-and-wife team of Tom Moore and Judy Livingston lead the 12-lawyer New York firm Kramer, Dillof, Livingston & Moore. In 1978, Moore joined the firm founded by Charles Kramer and Henry Dillof and became its senior partner in 1988. Livingston came on board in 1980, fresh out of law school. They have won more than 100 verdicts in excess of $1 million. The firm specializes in medical negligence, personal injury and wrongful death. noteworthy cases: Meyers v. Uggur (New York Co., N.Y., Sup. Ct. 2002), lead attorney-Tom Moore. A New York jury awarded $56 million ($52 million present-day value) to a girl stricken with cerebral palsy as a result of an infection that set in after a procedure to install a shunt to drain fluid from her brain. Three doctors were found to have breached the standard of care by failing to detect the signs of infection. Ballinas v. New York City Health & Hospitals Corp. (Bronx County, N.Y., Sup. Ct. 2001), lead attorney-Tom Moore. A Bronx, N.Y., jury in May 2001 awarded $107.8 million ($9.3 million present-day value) to a child whose brain was ravaged by untreated meningitis. The suit alleged that the obstetrical and pediatric staff ignored clear signs of the disease, allowing the child to lie untreated in the hospital nursery for three days after birth. Levin Fishbein In 1981, Arnold Levin left the firm of Adler, Barish, Levin & Chreskoff, taking with him associates Michael D. Fishbein and Laurence S. Berman. A year later, Howard J. Sedran joined from Howrey & Simon in Washington, where he had been an associate. The resultant Philadelphia law firm, Levin Fishbein Sedran & Berman, dedicates 99% of its practice to plaintiffs’ work, particularly environmental mass tort, antitrust and products liability litigation. noteworthy cases: In re Diet Drugs Products Liability Litigation (E.D. Pa. 2000), co-lead counsel-Michael D. Fishbein. The firm has, since 1998, served as co-lead class counsel in the Fen-Phen diet drug litigation. The litigation is the largest and most complex mass tort proceeding outside of a bankruptcy context. In 2000, the court approved a settlement agreement with the principal defendant, the pharmaceutical maker Wyeth, for payment of more than $3.75 billion through 2015. In re Orthopedic Bone Screw Products Liability Litigation (E.D. Pa. on-going), lead attorney-Michael D. Fishbein. The massive litigation involved marketing clearance for an orthopedic bone screw device used in spinal surgery. It generated several significant rulings concerning federal pre-emption of tort claims, civil conspiracy law and the limits of constitutional protection for “educational” marketing in the medical device field. Ultimately, the defendants entered into a limited fund settlement for $100 million. Millions more were paid by other defendants in private settlements. Lieff Cabraser Since it was founded in 1972, the 50-lawyer firm Lieff Cabraser Heimann & Bernstein has litigated or settled more than 250 class actions, including a $1 billion revised settlement in the recent Sulzer Hip litigation, involving defective hip and knee prostheses. The San Francisco-based firm diversifies its practice areas among securities, mass tort, consumer protection, employment and environmental matters. noteworthy cases: Claghorn v. Edsaco Ltd. (N.D. Calif. 2002), lead attorney-Richard M. Heimann. A federal jury in San Francisco delivered a $170.7 million verdict against Edsaco in a securities fraud suit. The jury found that Edsaco aided a software company in setting up phony companies as part of a scheme to report fictitious sales. The verdict included $165 million in punitive damages. Trotter v. Perdue Farms Inc. (D. Del. 2002), lead counsel-James M. Finberg. Lieff Cabraser served as class counsel for approximately 50,000 employees, negotiating a $10 million settlement with Perdue Farms Inc., one of the nation’s largest poultry processors. The suit challenged Perdue’s failure to compensate its assembly-line employees for putting on, taking off and cleaning protective and sanitary equipment. Milberg Weiss During its 33 years of litigating complex securities class actions on behalf of institutional and individual plaintiffs, Milberg Weiss Bershad Hynes & Lerach has recovered more than $30 billion in awards and settlements. From 1995 to 2002, the firm was lead or co-lead counsel in 54.5% of all securities fraud class actions filed in the country, including In re Washington Public Power Supply System (settlements were in excess of $750 million) and In re Nasdaq Market-Makers Antitrust Litigation ($1 billion in settlements recovered). In recent months, the firm has publicly acknowledged that it is in the process of splitting into two firms. At last count, it had 179 lawyers. noteworthy cases: In re Initial Public Offering Securities Litigation (S.D.N.Y. 2003), co-lead counsel-Melvyn I. Weiss. Three hundred-and-nine class actions involving initial public offerings marketed between 1998 and 2000 allege that the IPOs were manipulated by the investment banks to inflate artificially the market price of those securities through a practice called “laddering,” and to conceal the compensation received by the underwriters. The first partial settlement approved was $1billion. In re Lucent Technologies Inc. Securities Litigation (D.N.J. 2003), co-lead counsel-David J. Bershad. The plaintiffs alleged Lucent misrepresented the demand for its optical networking products and engaged in improper accounting practices. The case settled for $600 million. Shute Mihaly Founded in 1980 in San Francisco, Shute, Mihaly & Weinberger takes on a diverse range of cases covering environmental issues, from impact studies and air-quality control to natural resources and land use. The 24-member firm represents primarily public agencies and community groups seeking relief under the National Environmental Policy Act, the California Environmental Quality Act, the Clean Water Act and the Endangered Species Act, among other laws. noteworthy cases: Communities For A Better Environment v. California Resources Agency (Calif. Ct. App. 2002), lead attorney-Ellison Folk. Environmental organizations challenged several provisions of the “guidelines” adopted by the state of California in the California Environmental Quality Act of 1998, which would have seriously limited review of its potential environmental impact. The trial court struck down eight of the challenged guidelines, and the decision was upheld on appeal for all but one of the guidelines. Berkeley Keep Jets Over the Bay Committee v. Board of Port of Commissioners (Calif. Ct. App. 2001), lead attorney-Clement Shute. The plaintiffs successfully challenged the adequacy of an environmental impact report (EIR) prepared for the Airport Development Program for Oakland Airport. The court held that the EIR violated the California Environmental Quality Act by failing to analyze a reasonable range of alternatives and to evaluate properly the project’s cumulative impact. Sprenger & Lang Specializing in employment discrimination class actions, the 12-member firm of Sprenger & Lang in Minneapolis has obtained more than $200 million in judgments. It has also improved standards in employment practices on behalf of tens of thousands of employees nationwide since its founding in 1989. It brought the country’s first sexual harassment class action (Jenson v. Eveleth Mines), which, after 11 years of class certification and two trials, established court standards for assessing damages in sexual harassment cases. noteworthy cases: Hill v. Republic of Iraq (D.D.C. 2002), lead attorney-Daniel Wolf. The firm brought an action under the Foreign Sovereign Immunities Act on behalf of 178 American citizens who were taken hostage during the 1990 Iraqi invasion of Kuwait. The court awarded $93 million in damages. Judgment was collected and distributed in 2003. Franklin v. First Union Corp. (E.D. Va. 2001), co-lead counsel-Michael Lieder. In a case of first impression, employees brought a class action against First Union for breach of its fiduciary duty in not considering nonproprietary funds as investment options in its 401(k) plan. The case settled for $26 million and included the appointment of an independent advisor, which led to the inclusion of nonproprietary fund options. Susman Godfrey Houston-based Susman Godfrey was founded in 1980 by Stephen D. Susman. The firm made its name that year in a price-fixing trial that took on the corrugated box industry, ending in a verdict against Mead Paper that, after trebling, approached $1 billion. Since then it has grown to 65 lawyers, and half of its practice focuses on plaintiff representation. To date, the firm claims to have recovered a cumulative total of over $2 billion for plaintiffs. Its main practice areas are antitrust, trade regulation, securities and contract disputes. noteworthy cases: In re Vitamins Antitrust Litigation (D.D.C., 2003), co-lead counsel-James T. Southwick. In June, a federal jury found that four defendant companies had participated in a global conspiracy to fix the price of vitamin B4, also known as choline chloride, during the 10-year period from 1988 to 1998. The jury awarded the plaintiffs, a class of direct purchasers of vitamin B4, $49.5 million in damages. With trebling and attorney fees, the verdict will be $150 million. The firm has served as co-lead counsel for the class action plaintiffs since 1999. The State of Texas v. Amoco Production Co. (Travis Co., Texas, Dist. Ct. 2001), lead counsel-Katie Sammons and Lee Godfrey. Since 1997, the firm has been pursuing claims against major oil companies on behalf of a nationwide class of royalty owners who claim not to have been paid royalties for crude oil production. Settlements totaling nearly $200 million were approved by the federal district court in Corpus Christi, Texas, in 1999. Appeals followed. In 2001, the last of the disputes was resolved, clearing the way for the distribution to the class. Vladeck Waldman Vladeck, Waldman, Elias & Englehard has been around since 1949 and says it is the oldest plaintiffs’ employment firm in New York. Its founding partner, Judith Vladeck, is widely regarded as one of the top employment lawyers, with more than four decades’ worth of litigation experience. Many of the firm’s victories are confidential settlements reached after the defendant’s motion for summary judgment is denied. The firm’s top victories include a $14 million settlement for 5,000 women from Western Electric Co. and a $7.5 million settlement of an equal pay case for 4,000 women from the City University of New York. noteworthy cases: EEOC v. South Beach Beverage Co. (S.D.N.Y. 2003), lead attorney-Anne L. Clark and Tara Crean. In an Equal Employment Opportunity Commission action against South Beach Beverage Co. (Sobe) and Pepsico, the firm represented five female intervenors who received payments totaling $950,000 to settle allegations that the defendants violated their civil rights by creating a hostile work environment. A consent decree was entered with the court in February 2003. Watts Law Firm The Houston-based Watts Law Firm was founded in August 2002, but the firm actually traces its roots to two predecessor firms co-founded by Mikal C. Watts, the owner of the firm that now bears his name. It is a 24-lawyer practice specializing in products liability and personal injury. noteworthy cases: Castro v. Ford Motor Co. (Cameron Co., Texas, Dist. Ct. 2003), lead attorney-Mikal C. Watts. A jury awarded $18 million, including $5 million in punitives, against Ford Motor Co. in a rollover case. The 21-year-old driver of the F-150 SuperCab pickup truck suffered spinal cord injuries resulting from a defective roof structure. Williams v. Engineered Explosives Services (Bexar Co., Texas, Dist. Ct. 2001), lead attorney-P. Brian Berryman. The case involved an explosion that occurred while Engineered Explosives personnel were sinking an offshore barge to create an artificial reef off the coast of Georgia. After four days of trial, the jury awarded $5.4 million to an Engineered Explosives employee, Steve Williams, to compensate him for the injuries he received to his hands. Weitz & Luxenberg Best known for its national asbestos work, New York’s Weitz & Luxenberg is a 55-attorney firm founded in 1986 by Arthur Luxenberg and Perry Weitz. Partner Robert J. Gordon is its chief trial lawyer. Branching out into mass torts, Weitz has filed more than 13,000 cases against Bayer Corp. over its failed cholesterol drug Baycol. Croteau v. Consolidated Edison Inc. (New York Co., N.Y., Sup. Ct. 2003), lead counsel-Michael Roberts and Jerry Kristal. The plaintiff, who developed mesothelioma while working as a boiler maker, sued New York’s Con Edison power company and Long Island’s now-defunct Long Island Lighting Co. The jury awarded him $47 million. Williams v. A.C. and S. Inc. (New York Co. Sup. Ct. 2001), lead counsel-Robert J. Gordon. The plaintiffs, who have all died, were nine mesothelioma victims. The reverse-bifurcated trial featured a damages phase followed by a liability apportionment phase. Individual awards, issued in July 2001, ranged from $7.2 million to $18.18 million. The total was $111.61 million. Wiggins Childs Employment litigation is the bread and butter of Wiggins, Childs, Quinn and Pantazis, a Birmingham, Ala.-based firm formerly known as Gordon, Silberman, Wiggins and Childs. The firm has taken on industry giants including Winn-Dixie, Kroger, Merck and major railroads. There were eight lawyers when Robert F. Childs Jr., Robert L. Wiggins Jr. and C. Michael Quinn joined in 1985. The 1990s boom helped it to expand to 37 lawyers today. In addition to employment discrimination, the firm specializes in civil rights and complex litigation. noteworthy cases: Reynolds v. Alabama Department of Transportation (M.D. Ala. 2001), lead attorneys-Robert L. Wiggins Jr. and Robert F. Childs Jr. The firm settled a 16-year-old racial bias suit against the Alabama Department of Transportation in September 2001 for a total of $59.8 million. The deal included two settlements: $46 million to 2,400 black employees and $8.4 million to an undeterminable number of white employees who intervened in the suit after the original filing. Wiggins represented the black employees. Moore v. Norfolk Southern Corp. (N.D. Ala. 2001), lead attorneys-Robert L. Wiggins Jr. and Robert F. Childs Jr. Virginia-based Norfolk Southern Corp. agreed to pay $28 million to settle charges of racial discrimination against 7,700 black employees who were allegedly denied advancement. Nine named plaintiffs sued the railway company in 1993 and the suit was certified as a class action in 1995. Norfolk also agreed to spend another $2.6 million on a program to correct its advancement procedures. In re Managed Care Litigation (S.D. Fla. MDL-2000), lead attorneys-Dennis G. Pantazis and Brian M. Clark. Pantazis is a member of the steering committee representing 600,000 physicians in the multidistrict litigation against HMOs in federal court in Miami. Hundreds of individual lawsuits are being added to the pair in Miami, one filed on behalf of doctors and the other on behalf of patients. Pantazis is handling the retrieval and production of 6 to 10 million documents. Earlier this year, the plaintiffs’ lawyers negotiated a $470 million settlement from Aetna, the largest HMO defendant.

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