John A. Bracken is discovery counsel in Cohen Milstein’s Antitrust practice. He has developed expertise in all aspects of discovery and the factual development of cases.
John has experience in cases involving anticompetitive schemes taking advantage of consumers and workers.
- Youth Soccer Coach
- Boy Scouts Volunteer
- District of Columbia
- New York
- American University Washington College of Law, J.D., 2009
- Vassar College, B.A., 2004
Current Cases
Energizer Batteries Antitrust Litigation
Copeland, et al. v. Energizer Holdings, Inc., et al. (N.D. Cal.): Cohen Milstein represents consumers in a putative antitrust price-fixing class action against Energizer Holdings and Wal-Mart, Inc. Consumers allege that since 2018, Walmart and Energizer entered into an illegal agreement whereby Walmart would give Energizer preferential sales treatment at its stores while Energizer would monitor Walmart’s competitors, including online competitors, to keep them from undercutting Walmart’s retail prices for Energizer batteries. Consumers also allege that the agreement remains in effect today.
Flint Water Crisis Litigation
Flint Water Crisis Class Action Litigation (E.D. Mich.): On November 10, 2021, the Court granted final approval of a landmark $626.25 million settlement in an ongoing environmental toxic tort class action brought on behalf of more than 90,000 Flint residents and businesses against the State of Michigan, the former Governor Rick Snyder, and other defendants for their roles in re-directing toxic levels of lead-contaminated water from the Flint River into the City of Flint’s drinking water system in an effort to save money. Thus far, plaintiffs have achieved $659.25 million in total settlements.
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. Pending court approval, total settlements will exceed $997.1 million.
Mohawk Gaming Enterprises v. Scientific Games
Mohawk Gaming Enterprises v. Scientific Games, et al. (AAA/NY State Court): Cohen Milstein represents casinos that purchased/leased an automatic shuffler from Scientific Games, Bally Technologies, and Bally Gaming in a novel, certified class arbitration, alleging that the Respondents control virtually 100% of the relevant card shuffler market and maintain monopoly power through deceptive tactics such as fraudulently procuring patents and then assert those patents in sham lawsuits against competitors, thereby suppressing competition and deterring entry of new competitors, thereby allowing Respondents to set inflated prices.
UFC MMA Fighters Antitrust Litigation
Cung Le, et al v. Zuffa, LLC, d/b/a Ultimate Fighting Championship (D. Nev.): Cohen Milstein is co-lead counsel in this certified wage suppression class action, representing mixed martial arts (MMA) fighters who allege that UFC unlawfully monopolized the MMA market by, among other things, locking up fighters in exclusive contracts and acquiring MMA rivals. On October 23, 2024, the Court preliminarily approved a landmark $375 million settlement.
iPhone Antitrust Investigation
Did you buy a new iPhone from a mobile carrier or non-Apple retailer between March 21, 2020 and the present? If so, we would like to speak to you. The U.S. Department of Justice alleges that Apple has unlawfully monopolized the smartphone market. Our law firm is investigating how Apple’s practices may have forced certain […]
Past Cases
In re Domestic Drywall Antitrust Litigation
In re Domestic Drywall Antitrust Litigation (E.D. Pa.): Cohen Milstein initiated the investigation, filed the first complaint and then served as co-lead counsel in an antitrust litigation alleging that the seven major U.S. manufacturers of drywall conspired to raise prices. In 2015 we 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.
In re Solodyn Antitrust Litigation
In re Solodyn Antitrust Litigation (D. Mass.): We served as a member of the executive committee and Ms. Robertson played a significant role in coordinating discovery on behalf of the End-Payor Plaintiffs. The case, which settled mid-trial, resulted in a $43 million recovery for the Class.
Khoday et al v. Symantec Corp. et al.
Khoday et al. v. Symantec Corp. et al. (D. Minn.): Cohen Milstein was lead counsel in a nationwide class action involving the marketing to consumers of a re-download service in conjunction with the sale of Norton software. In April 2016, the case settled in a $60 million all-cash deal a month before it was to go to trial – one of the most significant consumer settlements in years. Douglas McNamara was involved in all aspects of the case, from managing the litigation to overseeing a staff of contract attorneys to settlement discussions.
VFX/Animation Workers: In re: Animation Workers Antitrust Litigation
VFX/Animation Workers: In re Animation Workers Antitrust Litigation (N.D. Cal.): Cohen Milstein initiated the investigation, filed the first complaint and the served as co-lead counsel for a class of animation and visual effects workers in a lawsuit alleging that the defendants, who include Pixar, Lucasfilm Ltd. and DreamWorks Animation, secretly agreed not to solicit class members and to coordinate on compensation. The Court approved settlements with all of the defendants for a total of $168.5 million.
October 23, 2024
Court Approves Landmark $375M Settlement with Ultimate Fighting Championship
A Nevada federal court granted preliminary approval of a landmark $375 million settlement between a certified class of elite professional mixed martial art fighters and Zuffa, LLC dba Ultimate Fighting Championship.
In the News | Cohen Milstein
February 13, 2024
Energizer, Walmart Can’t Ditch Battery Pricing Collusion Suits
Energizer and Walmart cannot escape a trio of class actions accusing the battery manufacturer of giving the big box chain almost complete control over the retail price its batteries are sold for and forbidding other retailers from undercutting them. U.S. District Judge P. Casey Pitts on Friday spent 21 pages laying out exactly why he […]
In the News | Law360
August 9, 2023
UFC Fighters Get Class Cert In Wage Suppression Suit
A Nevada federal judge gave Ultimate Fighting Championship fighters a crucial, long-awaited win Wednesday with the certification of one of two proposed classes in an antitrust suit alleging the organization repressed wages by up to $1.6 billion through coercive, exclusive contracts and the purchase of rival promoters. U.S. District Judge Richard F. Boulware II certified […]
In the News | Law360
June 22, 2021
How a $1.6 Billion Lawsuit May Change the UFC Forever
Ultimate Fighting Championship has long dominated the world of mixed martial arts. But UFC’s effort to swallow up competitors has triggered a class action by fighters who claim it’s abusing its power. Now a key court victory threatens the organization’s very business model. Bloomberg’s Josh Eidelson investigates. The antitrust class action discussed in this Bloomberg […]
In the News | Bloomberg
October 17, 2016
Animation Workers Reach $50 Million Settlement with DreamWorks Animation
A settlement has been reached between a group of animation workers and DreamWorks Animation in a class action lawsuit alleging that DreamWorks and other companies violated antitrust laws by conspiring to set animation wages via non-poaching agreements. The settlement provides for a cash payment of $50 million to a settlement fund. The plaintiffs already had […]
In the News | Variety