The Shane Group, Inc. v. Blue Cross Blue Shield of Michigan
The Shane Group, Inc. v. Blue Cross Blue Shield of Michigan (E.D. Mich.): Cohen Milstein served as Co-Lead Counsel, representing a class of purchasers of hospital services against Blue Cross Blue Shield of Michigan for agreeing to MFN provisions in its contracts with hospitals throughout Michigan that required those hospitals to charge other insurers as much or considerably more for services provided to class members. The Court approved a settlement with BCBSM for nearly $30 million.
Carlin et al. v. DairyAmerica Inc. et al.
Carlin et al. v. DairyAmerica Inc. et al. (E.D. Cal.): Cohen Milstein represented tens of thousands of dairy farmers who alleged that cooperative DairyAmerica Inc. and affiliate California Dairies conspired to boost profits by artificially depressing the price of milk products paid to farmers. On May 9, 2019, the Court granted final approval to a $40 million settlement – a remarkable recovery. It is 80% of the $50 million in damages estimated by the USDA Inspector General and approximately 50% of the total damages calculated by Plaintiffs’ experts.
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 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.
In re Google LLC Street View Electronic Communications Litigation
In re Google LLC Street View Electronic Communications Litigation (N.D. Cal.): Cohen Milstein was co-lead counsel in a nationwide class action alleging that Google violated the Wiretap Act when its Street View vehicles secretly collected payload data from unencrypted Wi-Fi networks. Plaintiffs defeated a motion to dismiss raising novel Wiretap Act issues, and the ruling was affirmed on interlocutory appeal to the Ninth Circuit. The court approved a $13 million settlement in March 2020.
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.
Plasma-Derivative Protein Therapies Antitrust Litigation
Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.): Cohen Milstein served as Co-Lead Counsel for plaintiffs alleging that the two largest manufacturers of IVIG and Albumin – life-saving therapies derived from blood plasma – conspired to reduce the supply, and increase the prices, of these therapies, resulting in settlements totaling $128 million for hospitals and other direct purchasers.
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 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.”