About the Firm

Trial Experience

Not all class actions end with settlements. Berman Tabacco has extensive experience with jury trials. Over the years, our attorneys have gone to trial against pharmaceutical companies in New York and Boston, a health care products manufacturer in Florida, a railroad conglomerate in Delaware, one of the nation’s largest trustee banks in Philadelphia, a major food retailer in St. Louis, a high-yield municipal bond fund in Wisconsin and the top officers of a failed New England bank. Our attorneys took an environmental products company to trial in Philadelphia, and then successfully argued the case before a federal appeals court.

In White v. Heartland High-Yield Municipal Bond Fund, for example, following three weeks of trial against the funds’ auditors, PricewaterhouseCoopers, Berman Tabacco attorneys and the case team obtained an $8.25 million settlement – an aggregate settlement of $23.25 million for the class. In the Disposable Contact Lens Antitrust Litigation the case settled for $60 million with defendant Johnson & Johnson after five weeks of trial. Other cases the firm’s attorneys have taken to trial include:

  • Conway, et al v. Licata, et al. (After a two week trial, the jury returned a defense verdict on the vast majority of counts, awarding the plaintiffs a mere fraction of the damages sought. The jury also returned a verdict for Berman Tabacco's clients on one of their counterclaims.)
  • Hurley v. Federal Deposit Insurance Corp. (bench verdict for plaintiffs)
  • Gutman v. Howard Savings Bank ($3 million plaintiffs’ verdict following three-week trial)
  • In re Equitec Sec. Litig. ($35 million settlement at close of evidence following five-month trial)
  • In re ICN/Viratek Sec. Litig. (hung jury, with 8-1 vote in favor of plaintiffs)
  • In re Katy Indus. Sec. Litig. (tried to jury)
  • In re Biogen Sec. Litig. (verdict for defendants)
  • In re MetLife Demutualization Litig. (settled for $50 million after jury was empaneled)
  • Levine v. Fenster, et al. ($3 million plaintiffs’ verdict following four-week trial)
  • Lewis v. Beall (bench trial, verdict for defendants)
  • Peil v. Speiser (verdict for defendants after six-week trial. The Court of Appeals adopted the “fraud-on-the-market” rule for Third Circuit securities cases)
  • Kumpis v. Wetterau (settled in mid-trial)
  • Upp v. Mellon (bench trial. The court found for class of trust beneficiaries in suit against trustee bank and ordered disgorgement of fees. The Third Circuit later reversed based on lack of jurisdiction.)