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 was co-lead counsel for the direct purchasers in this certified antitrust class action. Purchasers alleged that seven major U.S. drywall manufacturers conspired to raise prices. In 2018, the court granted final approval of more than $190 million in settlements. The court commended plaintiffs’ counsel, specifically naming Cohen Milstein, for “imaginative” and “outstanding work.” Judge Baylson also stated, “There was no government case or investigation, on which Plaintiffs could build their own case. Few cases with no government action, or investigation, result in class settlements as large as this one.”
In re Electronic Books Antitrust Litigation
In re Electronic Books Antitrust Litigation (S.D.N.Y.): Cohen Milstein was co-lead counsel in a certified price-fixing class action against Apple and five leading U.S. publishers for conspiring to raise the retail prices of e-books. In addition to achieving class certification, the Cohen Milstein team defeated motions to exclude the class expert and successfully moved to exclude most of Apple’s expert testimony. The five publishing defendants settled for $166 million and Apple settled for $450 million, shortly before trial, bringing total settlements to $616 million. The settlement resolves damages claims brought by not only ebook purchasers, but also the U.S. Department of of Justice and attorneys general from 33 U.S. states and territories.
Beacon/Madoff ERISA Litigation
In re Beacon Association Litigation (S.D.N.Y.): Cohen Milstein represented the trustees and participants of ERISA-covered employee benefit plans whose assets were invested by Beacon Associates LLC I and Beacon Associates LLC II (the “Feeder Funds”) in and lost money by investment the investment schemes of Bernard L. Madoff, Bernard L. Madoff Investment Securities, LLC. On March 15, 2013, the court granted final approval of a $219 million settlement to reimburse defrauded investors.
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.
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.