Kit Pierson

ExxonMobil -Villagers of Aceh Litigation

John Doe I 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 22 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 district court largely denied ExxonMobil’s motion for summary judgment, finding most of its arguments “entirely meritless.” Cohen Milstein and co-counsel were awarded the 2024 Public Justice Trial Lawyer of the Year Award for the successful resolution of this case.

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.

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 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.”

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.