Kit A. Pierson is of counsel at Cohen Milstein and a member of the Antitrust practice. Kit has also had the honor of serving as co-chair of the Antitrust practice (2010-2017). Under his leadership, the Legal 500 recognized Cohen Milstein as a Leading Plaintiff Class Action Firm for seven consecutive years and Law360 selected the Antitrust practice as a Competition Law Practice Group of the Year in 2013 and 2014.
Kit has served as lead or co-lead counsel in many of the nation’s most significant antitrust class actions on behalf of the victims of corporations engaged in price-fixing, market monopolization and other unlawful conduct. Prior to joining Cohen Milstein in 2009, he spent more than 20 years primarily representing defendants in a broad range of complex matters. Some of the companies he represented included Microsoft Corp., 3M Corp. and other major corporations, national associations and individuals in class actions and other antitrust litigation. As a result of his experience as a defense lawyer, Kit possesses deep insight into defense strategies, understands the dynamics of the other side and is someone who has earned the respect and credibility of opposing counsel.
Kit is a hands-on litigator who has litigated and tried antitrust lawsuits and other complex civil cases in many jurisdictions, helping to win settlements and judgments cumulatively totaling more than $1.8 billion in the past several years.
A champion for civil rights, Kit is a member of the Board of Trustees for the Lawyers’ Committee for Civil Rights Under the Law, a national organization, and a Member of the ACLU of Maryland’s Committee on Litigation and Legal Priorities. He is also a board member of the Washington Urban Debate League.
Kit has taught Complex Litigation as an adjunct professor at Georgetown University Law School (a class that focused primarily on legal, ethical and strategic issues presented by class action litigation) and Antitrust Class Actions as a visiting lecturer at Yale Law School (a class examining legal, ethical and strategic issues in antitrust class action litigation).
At the University of Michigan Law School, Kit was a note editor of the Michigan Law Review and a member of the Order of the Coif.
- District of Columbia
- Maryland
- University of Michigan Law School, J.D., magna cum laude, Order of the Coif, 1983
- Macalester College, B.A., Economics & Political Science, magna cum laude, 1979
- Law Clerk, the Hon. Judge Harry T. Edwards, U.S. Court of Appeals for the District of Columbia Circuit, 1983-1984
- Law Clerk, the Hon. Chief Judge John Feikens, U.S. District Court for the Eastern District of Michigan, 1984-1985
Current Cases
Moehrl v. National Association of Realtors, et al.
Moehrl v. National Association of Realtors, et al. (N.D. Il.): Cohen Milstein is co-lead counsel in this certified class action, in which home sellers allege that National Association of Realtors (NAR) and many of the nation's largest real estate broker franchisors of conspiring to require home sellers to pay home buyer brokers fees – and at an inflated rate. Plaintiffs allege that the conspiracy revolves around NAR’s mandatory requirement that sellers make a buyer broker commission offer when listing their home on a multiple listing service. On March 15, 2024, NAR agreed to a landmark settlement of $418 million. If approved by the court, total settlements will exceed $693.7 million.
Flint Water Crisis Litigation
On November 10, 2021, Judge Judith E. Levy of the United States District Court for the Eastern District of Michigan granted final approval of a landmark $626.25 million settlement resulting from the class action and individual lawsuits brought on behalf of more than 90,000 Flint residents and businesses against multiple governmental defendants, including the State of Michigan, Michigan Department of Environmental Quality (DEQ), and individual defendants, including former Governor Rick Snyder, for their roles in re-directing toxic levels of contaminated water from the Flint River into the City’s drinking water in an effort to save money and their subsequent efforts to try to cover up the crisis.
Past Cases
In re Urethane Antitrust Litigation
In re Urethane Antitrust Litigation (D. Kan.): Cohen Milstein served as Co-Lead Counsel on behalf of a class of direct purchasers of urethane chemicals who were overcharged as a result of a nationwide price-fixing conspiracy. Cohen Milstein and their co-counsel prevailed at trial and obtained a judgment of $1.06 billion against Dow Chemical in 2013. Dow ultimately settled for $835 million while the case was on appeal before the Supreme Court, bringing the total recovery, including prior settlements with other defendants, to $974 million – nearly 250% of the damages found by the jury. The Honorable John W. Lungstrum, who presided over the trial, remarked: “In almost 25 years of service on the bench, this Court has not experienced a more remarkable result.”
ExxonMobil -Villagers of Aceh Litigation
Doe, Aceh, Indonesia v. ExxonMobil Corporation (D.D.C.): Cohen Milstein represented eleven villagers from Aceh, Indonesia, who alleged that they or their relatives endured horrific human rights abuses, including murder, torture, sexual violence, and kidnapping, at the hands of Indonesian soldiers contracted by ExxonMobil to guard its oil operations in the region. On May 15, 2023, a week before a jury trial was to start and after 20 years of litigation, the case settled. Although the case was litigated in U.S. federal court, Indonesian law applied to Plaintiffs’ claims and was applied by the Court. The case set numerous legal precedents during its 20-year history, during which it saw two trips to the D.C. Circuit Court of Appeals (decided January 2007 and July 2011) and one to the Supreme Court (certiorari was denied in 2008). Each time, novel issues of foreign policy impact, extraterritorial jurisdiction, and choice of law were briefed and considered by the Court of Appeals. In August 2022, months before trial, the Court largely denied ExxonMobil’s motion for summary judgment, finding most of its arguments “entirely meritless.”
In re Electronic Books Antitrust Litigation
In re Electronic Books Antitrust Litigation (S.D.N.Y.): Cohen Milstein was co-lead counsel in a class action lawsuit alleging that Apple and five of the leading U.S. publishers conspired to raise the retail prices of e-books. Mr. Pierson led the Cohen Milstein team, which secured class certification, defeated motions to exclude the class expert, and successfully moved for exclusion of most of Apple’s expert testimony. The five publishing defendants settled for $166 million and a settlement was reached with Apple shortly before trial for an additional $450 million.
UFCW & Employers Benefit Trust v. Sutter Health, et al.
Sutter Health Antitrust Litigation (Sup. Ct., San Fran. Cty., Cal.): On August 27, 2021, the Court granted final approval of a $575 million eve-of-trial settlement, which includes significant injunctive relief, in this antitrust class action against Sutter Health, one of the largest healthcare providers in California, for restraining hospital competition through anticompetitive contracting practices with insurance companies. Cohen Milstein was one of five firms that litigated this case since 2014 on behalf of a certified class of self-insured employers and union trust funds. California’s Attorney General joined the suit in March 2018.
In re Domestic Drywall Antitrust Litigation
In re Domestic Drywall Antitrust Litigation (E.D. Pa.): Cohen Milstein was co-lead counsel in an antitrust litigation alleging that the seven major U.S. manufacturers of drywall conspired to manipulate prices. Mr. Pierson ran the case for Cohen Milstein and in 2015 took the lead for the direct purchaser plaintiffs in arguing against the defendants’ summary judgment motions (which were denied by the Court for four of the five defendants). The Court granted final approval to settlements totaling $190 million.
Allen et al v. Dairy Farmers of America
Allen et al v. Dairy Farmers of America, Inc. et al (D. Vt.): Cohen Milstein served as Lead Counsel for one of two subclasses of dairy farmers challenging anticompetitive conduct in the Northeast which resulted in lower prices paid to farmers. In April 2017 the Second Circuit Court of Appeals affirmed a $50 million settlement between plaintiffs and the remaining defendants, bringing the total settlement to more than $80 million, in addition to industry-changing equitable relief.
In re Pre-Filled Propane Tank Antitrust Litigation
In re Pre-Filled Propane Tank Antitrust Litigation (W.D. Mo.): Cohen Milstein served as Co-Lead Counsel to Direct Purchasers in this price fixing class action against two of the largest distributors of propane exchange tanks. In June 2020, the court granted final approval of the $12.6 million settlement. Ms. Levens drafted the successful appellate brief argued before the Eighth Circuit en banc. The Court adopted Plaintiffs’ articulation of the continuing violation doctrine and held that sales made pursuant to an anticompetitive agreement constitute new acts for purposes of determining the timeliness of a claim, thereby reviving Direct Purchasers’ antitrust claims against distributors of pre-filled propane tanks. In January 2018, the U.S. Supreme Court refused to review the Eighth Circuit’s ruling, allowing it to stand.
In re Resistors Antitrust Litigation
In re Resistors Antitrust Litigation (N.D. Cal.): Cohen Milstein served as Interim Co-Lead Counsel for the direct purchasers of resisters, who accused the world’s largest manufacturers of resistors of fixing prices. In November 2019, the court granted final approval of a $50.25 million settlement – a remarkable recovery, reflecting 33% - 57% of estimated single damages according to Plaintiffs’ preliminary analysis. Estimated payments to class members would be an average payment of $46,850.64; a median payment of $768.39.
- Lawdragon 500 Leading Plaintiff Financial Lawyers List (2019-2023)
- Chambers USA Ranked for Antitrust: Plaintiff (2020-2023)
- GCR’s Who’s Who Legal: Competition (2021, 2023)
- Legal 500 Leading Lawyers (2018, 2021-2022)
- Super Lawyers (2018-2023)
- Lawdragon 500 Leading Lawyers in America (2016)
- Law360 MVP in Competition Law (2014)
May 16, 2023
Oil Giant ExxonMobil Settles Long-Running Indonesia Torture Case
ExxonMobil has settled a long-running lawsuit brought by villagers who alleged soldiers the oil giant hired to guard a natural gas facility in the Indonesian province of Aceh committed murder and torture. The two sides agreed to resolve “all matters”, according to a joint filing on Monday. Agnieszka Fryszman, a lawyer for the villagers, said […]
In the News | Al Jazeera
May 15, 2023
ExxonMobil Settles Decades-Old Torture Case with Indonesian Villagers
Eleven Indonesian villagers from Aceh province have reached a confidential financial settlement with oil giant ExxonMobil. The villagers have been at the centre of a two-decade long legal battle over alleged human rights abuses. They say they endured torture, sexual assault, and beatings by Indonesian soldiers contracted by ExxonMobil. . . . A trial was […]
In the News | BBC
May 15, 2023
Acehnese Villagers Get Compensation from ExxonMobil for Lawsuits Against Torture by Hired Indonesian Soldiers
Eleven Acehnese villagers who admit they or their families experienced horrific violence more than 20 years ago have received financial compensation from ExxonMobil ahead of a human rights trial due to begin later this month. In a case filed for lawsuit in 2001 in the Washington DC District Court, United States of America, 11 residents […]
In the News | BBC News Indonesia
March 29, 2023
Home Sellers Win Class Cert. for NAR Antitrust Suit
An Illinois federal judge certified two classes of home sellers accusing the National Association of Realtors and several real estate brokerage firms of conspiring to charge “inflated” commission rates for buyer-brokers who sold homes, ruling on Wednesday that the suit’s claims meet several class certification requirements. In her ruling, U.S. District Judge Andrea R. Wood […]
In the News | Law360
March 23, 2023
$626M Flint Deal Gets Final OK From Michigan State Judge
A Michigan state judge has signed off on the historic $626 million settlement between Flint residents and government officials, marking the latest step in resolving sprawling litigation over lead contamination in the city’s drinking water. Michigan Attorney General Dana Nessel announced the Monday approval from Genesee County Judge David J. Newblatt, nearly three years after […]
In the News | Law360
September 29, 2022
Poultry Workers’ $85M Wage-Fixing Deals Land Initial OK
A Maryland federal judge gave her preliminary stamp of approval to three settlements collectively valued at nearly $85 million over allegations that Cargill Meat Solutions, Sanderson Farms and Wayne Farms conspired to depress workers’ wages. U.S. District Judge Stephanie A. Gallagher found Tuesday that the deals between the meat producers and three classes of poultry […]
In the News | Law360
August 12, 2022
Flint Water Crisis Class Action Litigation Continues Against Water Engineering Firms
FOR IMMEDIATE RELEASE Contact: cohenmilstein@berlinrosen.com Non-Affiliated Bellwether Trial Ends in Mistrial DETROIT – Yesterday, a federal judge in Michigan declared a mistrial in the first Flint bellwether trial in Walters, et al. v. Flint et al. (No. 5:17-cv-10164). The trial focused on the two remaining defendants, both private engineering firm, who were actively involved in […]
In the News
August 30, 2021
Sutter Health’s $575M Antitrust Settlement Is Final: 4 Things to Know
San Francisco Superior Court Judge Anne-Christine Massullo granted final approval of Sutter Health’s $575 million antitrust settlement Aug. 27. Four things to know: 1. The settlement was initially reached in December 2019 by Sutter and the parties that sued the Sacramento, Calif.-based system, including then-California Attorney General Xavier Becerra, unions and other employers. Ms. Massullo […]
In the News | Becker’s Hospital Review
August 30, 2021
Federal Judge Grants Final Approval of $575M Settlement Against Sutter Health
A federal judge has granted final approval for a $575 million settlement with Northern California-based hospital system Sutter Health that settles allegations of price gouging. The settlement judgment, announced late Friday, requires Sutter to not only pay $575 million but also to adopt several reforms aimed at curbing anti-competitive practices. “Sutter will no longer have […]
In the News | Fierce Healthcare
August 28, 2021
Judge Approves Sutter Health Antitrust Deal. What That Means for California Health Care
Sutter Health is $575 million poorer — and now must operate under new rules designed to curb its ability to dictate the price of health care in Sacramento and Northern California. A judge late Friday approved a landmark antitrust settlement agreement between the Sacramento-based hospital chain, the state of California and a group of health […]
In the News | The Sacramento Bee
March 11, 2021
Tyson, Pilgrim’s, Hormel to Face Poultry Worker Wage-Fixing Suit
Tyson Foods Inc., Pilgrim’s Pride Corp., Hormel Foods Corp., and other top poultry processors must face antitrust claims over an alleged industrywide plot to drive down the wages of their largely immigrant workforce, a federal judge in Maryland ruled Thursday. Judge Stephanie A. Gallagher, who tentatively tossed the case last year, said this time around […]
In the News | Bloomberg Law
March 11, 2021
Poultry Giants Can’t Dodge Workers’ Wage-Fixing Suit
A Maryland federal judge declined to toss proposed class action claims from workers against three poultry companies accused of plotting to keep wages low and also rejected an effort to trim the suit to exclude jobs the plaintiffs didn’t do. U.S. District Judge Stephanie A. Gallagher turned down three separate requests to dismiss Jennie-O Turkey […]
In the News | Law360
June 27, 2013
Big Suits: In Re Urethane Antitrust Litigation
On May 15 a federal district court judge trebled a $400 million verdict in a class action in which customers had alleged that The Dow Chemical Company fixed prices for the chemical urethane. The $1.2 billion award, by U.S. District Judge John Lungstrum in Kansas City, Kansas, was by far the largest this year as […]
In the News | The American Lawyer
December 12, 2011
Judge grants final approval to the BASF settlement in Urethane Antitrust MDL
On December 12, 2011, Judge John W. Lungstrum of the U.S. District Court for the District of Kansas granted final approval to a $51 million settlement agreement with BASF in In re Urethane Antitrust Litigation. The $51 million BASF settlement will increase the total value of cash settlements in this case to over $139 million. In June 2011, Huntsman International […]
In the News