Ideker Farms, Inc., et al. v. United States of America (NW Missouri Flood Litigation)
Ideker Farms, et al. v. United States of America (Fed. Cl.): Cohen Milstein represents Ideker Farms and more than 400 other plaintiffs located in six states along the Missouri River in a landmark mass action lawsuit in the U.S. Court of Federal Claims alleging that the federal government took land and flooding easements over lands owned by farmers without any compensation in violation of the takings clause of the Fifth Amendment. Cohen Milstein has helped lead the litigation team, including during both a months-long liability trial in 2017, and a subsequent damages trial in 2020 for bellwether plaintiffs. In December 2020, the Court ruled largely in favor of bellwether plaintiffs. In June 2023, the U.S. Court of Appeals for the Federal Circuit concurred with the lower court and reversed and remanded the issues of compensation for lost crops and 2011 flooding to the lower court to determine valuation.
Dignity Health Church Plan Litigation
Rollins, et al. v. Dignity Health, et al. (N.D. Cal.): Cohen Milstein represented a certified class of defined benefit participants, who alleged that Dignity Health was improperly claiming that its pension plans were exempt from ERISA because they were “church plans.” As a result, it underfunded its plans by over $1.2 billion. In 2016, the Supreme Court agreed to hear arguments on consolidated church plan cases, and in June 2017, it reversed previous rulings and ordered plaintiffs, in this case, to file an amended complaint. On July 15, 2022, the Court granted final approval of a $100 million settlement.
Plasma-Derivative Protein Therapies Antitrust Litigation
In re 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.”
VFX/Animation Workers: In re: Animation Workers Antitrust Litigation
VFX/Animation Workers: In re Animation Workers Antitrust Litigation (N.D. Cal.): Cohen Milstein served as co-lead counsel in this proprietary class action on behalf of animation and visual effects workers, who alleged that Pixar, Lucasfilm Ltd., and DreamWorks Animation secretly agreed not to solicit or poach class members and to coordinate their compensation in violation of antitrust laws. The court approved settlements with all of the defendants for a total of $168.5 million. At the time, it was the most successful no-poach case ever filed, achieving an average recovery of nearly $14,000 per class member.
Iran Beirut Bombing Litigation
Iran Beirut Bombing Litigation (D.D.C.) Cohen Milstein is litigating three Foreign Sovereign Immunities Act lawsuits against the Islamic Republic of Iran for its alleged involvement in the 1983 Beirut Marine Barracks Bombing, which killed 241 American servicemembers. This bombing was the deadliest state-sponsored terrorist attack against United States citizens before September 11, 2001. The court has awarded plaintiffs more than $1.5 billion in default judgments.
Beck, et al. v. Boeing
Bird, et al. v. Barr (D.D.C.): Cohen Milstein represented a group of about 29,000 female employees who had claims of sex discrimination against The Boeing Company, Inc. The certified claims address discrimination in compensation for salaried employees, access to overtime work for hourly IAM employees, and promotions for both. In granting class certification, the court noted that “the data yields statistically significant results of adverse impact on female employees in every facility and at every level within the Puget sound area.”
In re Chiquita Brands International Inc. Litigation
In re Chiquita Brands International Inc. Litigation (S.D. Fla.): Cohen Milstein represents hundreds of Colombian citizens who allege that they or their family members were victims of torture or extrajudicial killing committed by the Autodefensas Unidas de Colombia (AUC), a paramilitary group designated by the United States government as a “Foreign Terrorist Organization,” during armed conflict in Colombia in the 1990s and early 2000s. Plaintiffs allege that the deaths of their relatives were a direct and foreseeable result of Chiquita’s financial support of the AUC. The case is proceeding under Colombian law against Chiquita and under the U.S. Torture Victim Protection Act against individual Chiquita executives and board members. On June 10, 2024, after a six-week bellwether jury trial, the jury found Chiquita responsible for the wrongful deaths of eight men who were murdered by AUC and awarded the surviving family members $38.3 million in damages for their deaths.