Year in Review 2021

SETTLEMENTS

$320 BILLION IN TOTAL SETTLEMENTS
In 2021, Hagens Berman earned $2.3B+ in settlements for class-action clients, adding to the firm’s all-time total of $320 billion.

$1.3B

Hyundai Kia Theta II GDI
Settlement Approved
A settlement valued at as much as $1.3 billion was approved in a lawsuit accusing Hyundai/Kia of selling vehicles with failure-prone engines that could sometimes catch fire. more »

$700M

Mercedes BlueTEC
Settlement Approved
A settlement was reached on behalf of owners affected by Daimler’s emissions cheating. The case is based on independent vehicle testing by Hagens Berman. more »

$453M

Glumetza Antitrust
Settlement Approved
Settlement approved resolving direct purchasers' allegations that pharma companies plotted to delay generic versions of Glumetza. more »

$100M

Apple App Store
Settlement Reached
According to the lawsuit, Apple monopolized U.S. distribution services for iOS apps and in-app digital products, resulting in commission overcharges to developers. more »

$95M

AppleCare
Preliminary Approval
U.S. District Judge William H. Orrick preliminarily approved a settlement resolving claims that Apple failed to honor its AppleCare warranties. more »

$67M

Visa/Mastercard ATM Antitrust
Preliminary Approval
Hagens Berman’s action accuses Visa, MasterCard, and certain banks of violating federal antitrust laws by agreeing to adopt restraints that inflated ATM surcharges. more »

All 2021 Settlements »

ALL FIRM AWARDS »

NOTABLE CASES

NCAA NAME, IMAGE & LIKENESS
Hagens Berman’s Fight for College Athletes’ Rights to Profit from Use of Their Name, Image and Likeness Prompts NCAA to Suspend Some Amateurism Rules
Hagens Berman filed a class-action lawsuit on behalf of current and former NCAA college-athletes accusing the NCAA, Pacific-12 Conference, the Big Ten Conference, the Big Twelve Conference, Southeastern Conference and Atlantic Coast Conference of illegally limiting the compensation that Division I college athletes may receive for... more »

NCAA GRANTS-IN-AID SCHOLARSHIP
NCAA Grants-in-Aid Scholarship Litigation Culminates in Unanimous SCOTUS Win in Injunctive Portion of Years-Long Class Action
Hagens Berman served as co-lead counsel in a lawsuit stating NCAA rules artificially depress the value of athletic scholarships – known as Grants-in-Aid or GIAs – to typically several thousand dollars less per year, per player, than the actual cost to attend an NCAA member school. The suit alleges that the NCAA and its largest conferences have systematically colluded... more »

BROILER CHICKEN ANTITRUST
Hagens Berman’s Class Action Uncovers Years Long “Unparalleled” Antitrust Scheme by Tyson, Perdue and Others to Raise Chicken Price
Hagens Berman partner Shana Scarlett is co-lead counsel in a class-action lawsuit against chicken producers, including Tyson and Perdue, for colluding to reduce chicken production and artificially inflate prices by nearly 50 percent. According to the lawsuit filed by the firm, chicken producers engaged in a conspiracy to share detailed pricing and production information with the intent... more »

GLUMETZA ANTITRUST
Court Approves $453 Million in Settlements in Glumetza Diabetes Drug Overpricing Lawsuit
In 2021, the court denied summary judgment and paved the way for an October trial in this litigation against brand and generic manufacturers of the diabetes drug Glumetza. Hagens Berman serves as co-lead counsel for the direct purchaser class. U.S. District Judge William Alsup preliminarily approved $453.85 million in settlements resolving direct purchasers' allegations that Bausch Health Cos. Inc., Lupin Pharmaceuticals... more »

COLLEGE TUITION AMID COVID-19 CLOSURES
Hagens Berman Takes on Universities and Colleges on Behalf of Tuition Payers for Losses Due to COVID-19 Campus Closures
When the pandemic closed college campuses across the country, Hagens Berman began investigating the losses faced by those paying hefty full-price tuition and fees. COVID-19 left students without the amenities they paid for, including dormitories, libraries, athletic complexes, in-person lectures and access to TAs, laboratories, student... more »

NORTH ATLANTIC RIGHT WHALE PROTECTION
Hagens Berman Challenges Massachusetts Buoy Lines Harming North Atlantic Right Whales in New England
When the pandemic closed college campuses across the country, Hagens Berman began investigating the losses faced by those paying hefty full-price tuition and fees. COVID-19 left students without the amenities they paid for, including dormitories, libraries, athletic complexes, in-person lectures and access to TAs, laboratories, student... more »

21 NEW & AMENDED FILINGS

Aerospace Employee Wage Fixing
Amazon.con Antitrust
Amazon Bookseller Antitrust
Amazon E-Books
Amazon Price Gouging
Amitiza Antitrust
Association of Zoos & Aquariums

Danimer Scientific, Inc.
Dodge RAM CP4 Fuel Pump Defect
Hyzon Motors Inc.
Invisalign
Lantus Insulin Antitrust
Oregon State University Tuition
Philips Recalled Machine Injuries

Renovacare, Inc.
SOS Limited
Takeda Constipation Drug
Takeda IBS Antitrust
Utah System of Higher Education Tuition
University of Oregon Tuition
Vascepa Antitrust

Learn more »

CASE PROGRESS

Hagens Berman's many active cases across its 19 practice areas saw successes in trial courts, appeals and more. The firm was appointed to leadership positions in its multidistrict litigation matters, and successfully achieved class certifications, survived motions to dismiss and more.

Actos Antitrust
2ND Circuit Affirms Denial of Motion to Dismiss

Apple IP Case
Ruling on Venue

AppleCare
Class Certification

Avandia Marketing Fraud
Denial of Motion to Dismiss

BMW Emissions
Ruling on Motion to Dismiss

Cattle Rancher Antitrust
Ruling on Motion to Dismiss

CVS Price-Gouging
Class Certification

Danimer Scientific Inc.
Lead Counsel Appointment

Dometic RV Refrigerators
11th Circuit Reversed Decision to Deny Class Certification

Facebook Antitrust
Co-Lead Counsel Appointment

Florida Sugarcane
Ruling on Motion to Dismiss

Ford Shelby
Class Certification

Hyzon Motors, Inc. Securities
Lead Counsel Appointment

Maximum Strength Robitussin
Motion to Dismiss Ruling

MOVA Contour IP Theft
Order Denying in Part Defendants’ Motion for Summary Judgment

New Jersey Pollution
Ruling on Motion to Dismiss

Odebrecht
Defendant Sanctioned

Poultry Workers Antitrust
Motions to Dismiss Denied

Ranbaxy
Class Certification

Renovacare Inc. Securities
Co-lead Counsel Appointment

SOS Limited Securities
Co-lead Counsel Appointment

Suboxone Antitrust
Motion for Summary Judgment Denied

Takeda Actos Antitrust
Claims Upheld

Tracleer Antitrust
Dismissal Order Vacated

United Airlines COVID-19
Motion to Dismiss Denied

Vaxart Inc. Securities Litigation
Denied Motion to Dismiss

Visa/Mastercard ATM Antitrust
Class Certification

Xyrem Antitrust
Motion to Dismiss Denied

Zetia Antitrust
Class Certification Appeal Decision & Plaintiffs’ Partial Summary Judgment Granted

Zuora Securities
Class Certification

2021 CASE PROGRESS »

GLOBAL WORK

In the height of the pandemic, when other firms were cutting back, Hagens Berman expanded its presence into London and the Netherlands.

FIRST EUROPEAN OFFICE
United Kingdom
Hagens Berman launched its first European presence, opening a London office. The venture marks the start of Hagens Berman EMEA LLP, the firm's expansion supporting the rights of consumers abroad. more »

MERCEDES EMISSION
United Kingdom
Hagens Berman EMEA LLP filed against Daimler AG for emissions cheating and secured funding to fuel the $1.4 billion group action. Mercedes’ fraud has affected an estimated 1.2 million in England and Wales. more »

EMISSION CLAIM FOUNDATION
Netherlands
Further expanding its international growth, Hagens Berman EMEA, in partnership with The Emission Claim Foundation, launched its Netherlands presence to further the foundation’s mission of providing justice to Dutch consumers in three emissions-cheating cases against Daimler, Renault and Stellantis. The firm looks forward to working with the Foundation and these cases on behalf of vehicle owners who unknowingly purchased vehicles that pollute the environment at illegally high levels. more »

RIGHT TO CONSUMER JUSTICE FOUNDATION
Netherlands
Additionally, The Right to Consumer Justice Foundation was incorporated and selected Hagens Berman EMEA to support the foundation’s mission of providing justice for corporate wrongdoing to Dutch citizens. The foundation is currently pursuing claims against Apple regarding its policies affecting app developers using the Apple App Store. The foundation believes that Apple’s market dominance and anticompetitive behavior has harmed developers and the customers who use their apps. more »

Hagens Berman EMEA »

WHISTLE BLOWER PRACTICE

SEC Awarded Hagens Berman Whistleblowers in Three SEC Whistleblower Cases

SEC Whistleblower Practice »

More Than a Half-Dozen New Dodd-Frank (SEC/CFTC) and IRS Whistleblower Cases Filed

CFTC Whistleblower Practice »

False Claims Act Health Care Fraud Cases Filed Under Seal for New Whistleblower Clients in 2021

FCA Whistleblower Practice »

WOMEN ATTORNEYS SPOTLIGHT

Women at Hagens Berman saw outstanding results in cases across the firm’s practice areas in 2021 and were successful in securing major case victories.

Shana E. Scarlett, Partner

Lauren Guth Barnes, Partner

Kristen A. Johnson, Partner

Catherine Y.N. Gannon, Partner

Barbara Mahoney, Partner

Jessica R. MacAuley, Partner

Michella A. Kras, Of Counsel

Kristie A. LaSalle, Associate

Hannah Brennan, Associate

Partner and regional managing partner of the firm’s Berkeley office, Shana Scarlett, has led the firm to tremendous recoveries for consumers and monumental victories in the complex area of antitrust law. For five years, Ms. Scarlett acted as co-lead counsel on behalf of the class of consumer indirect purchasers of broiler chicken in the U.S. She deposed numerous executives of the defendant companies, oversaw class certification, and has led the case through $181 million in settlements to date. In 2020, she was also named to the firm’s management committee.

Partner and management committee member Lauren Guth Barnes served as co-lead class counsel in In re Glumetza Antitrust Litigation, an action alleging the brand manufacturer of the diabetes drug Glumetza paid a potential competitor to delay sales. Representing direct purchasers of the drug and litigating the case in less than two years. Even in the midst of the COVID pandemic, Hagens Berman led the case to a $454 million settlement for the class just weeks before trial. Hagens Berman partners Kristen Johnson, Jessica MacAuley and paralegal Jenny O’Brien were key members of the team helping drive the case to this significant recovery for the class.

Partner and management committee member Kristen Johnson spearheaded the briefing and successfully argued against the defendants’ motion for summary judgment in In re Ranbaxy Antitrust Litigation. Associate Kristie LaSalle and paralegal Marcella Jackson were instrumental in the summary judgment victory, including in drafting a comprehensive counter statement of fact with a point-by-point rebuttal of allegedly undisputed facts.

Catherine Gannon, a partner in the firm’s Seattle office, has been racking up victories for consumers in cases from coast to coast. Recently, Ms. Gannon represented plaintiffs in two, hotly disputed, consumer protection class actions in California (Honda and Acura Infotainment matters), resulting in approved settlements of $44 million. Ms. Gannon also successfully argued for class certification in front of a Florida district court on behalf of consumers who purchased their dream track cars only to have them overheat in minutes. She looks forward to bringing those claims on behalf of Ford Shelby Mustang owners in nine states to trial in June 2022.

Barbara Mahoney, partner in the Seattle office, has recently focused her practice on antitrust litigation, launching two ground-breaking cases against Amazon (Amazon.com Antitrust and Amazon E-Books Price-Fixing) based on its anticompetitive use of most favored nations clauses in contracts with third-party sellers and with publishers. In recognition of the extensive investigation and innovative work, courts have appointed the firm as lead counsel in the Amazon e-books case and co-lead counsel in the consumer price-fixing matter, both of which were contested selections.

Partner Jessica MacAuley was appointed to the Plaintiffs’ Steering Committee in In re Xyrem Antitrust Litigation, representing end payers of the brand drug Xyrem.

Of counsel attorney Michella Kras worked on the firm’s class-action settlement resolving consumer claims that Apple failed to honor its AppleCare warranties. An investigation revealed that Apple violated consumer laws and breached its contracts with consumers. Apple promised consumers “equivalent to new” replacement devices under AppleCare/AppleCare+ contracts, but delivered inferior devices containing used parts that were more likely to fail than new devices. After years of dedication to the case, Michella’s work helped achieve a $95 million settlement, which will cover roughly 3.5 million remanufactured Apple devices. U.S. District Judge William H. Orrick granted preliminary approval of the settlement.

Six women formed the core of the Hagens Berman team litigating claims against the Commonwealth of Massachusetts for its failure to enforce the Endangered Species Act (ESA) to protect the Northern Atlantic right whale, a critically endangered species frequently found off its coastline. The team included attorneys Hannah Brennan, Laura Hayes and Rachel Downey; paralegal Chris Tierney; and Northeastern co-ops Geneveve McCloy and Valeria Alvarez. The team presented the case in a month-long trial before Hon. Indira Talwani, seeking further protections against the use of vertical buoy lines in Massachusetts waters. The court issued its decision in November 2021, holding that the plaintiff does not have standing, but if the First Circuit determines the plaintiff – or another intervenor – will. The Commonwealth of Massachusetts is liable for violating the ESA by licensing vertical buoy lines for lobster fishing.

ATTORNEYS »

COVID-19 UPDATE

While other law firms had to take on debt to stay afloat during the pandemic, Hagens Berman remained secure in its resources. The firm stayed the course through uncertain times, continuing its core mission without making cutbacks. Hagens Berman has proudly thrived in recent years, expanding its legal team, staff and global impact.

To support the firm’s increasing case load, Hagens Berman made 23 new hires since instating its remote work policy in response to the pandemic and subsequent lockdowns. The firm also made no employee cuts due to the pandemic. In the face of this unprecedented time, while many law firms saw a shrinking footprint, Hagens Berman expanded its team, widening its scope and resources to continue the firm’s mission. Nine associates were promoted to profit-sharing partners and four partners were promoted to the firm’s Management Committee.

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