Top Cases

Recoveries

  • Representing a group of union pension funds as lead counsel in the In re Beacon Associates Litig., 09 Civ. 0777 (LBS) (AJP) (S.D.N.Y. 2013), we achieved a $219 million settlement resolving lawsuits brought by the settling plaintiffs, including our clients, the United States Secretary of Labor and the New York Attorney General. The recovery represents approximately 70% of investors’ out-of-pocket losses. Read More
  • As lead counsel for the New York City Pension Funds, Lead Plaintiff in In re Juniper Networks, Inc. Sec. Litig., No. C-06-04327 JW (N.D. Cal 2010), we achieved a settlement in the amount of $169.5 million, one of the largest settlements in an options backdating case, after more than three years of hard-fought litigation.
  • Representing1400 tenants of seven rental buildings in Manhattan who suffered without electricity and other essential services during Hurricane Sandy On August 26, 2013, Lowey Dannenberg won rent  rebates. Justice Shirley Werner Kornreich of the New York State Supreme Court granted final approval and stated “the outcome was really stellar” and provided “a great benefit to the parties.”  Menkin v. 120 East 34th Street, et. al (Index. No. 650390/13).
  • Representing a group of health benefits plan providers (“TPPs”) starting with pre-litigation conception of a lawsuit in 2005, worked with class counsel on a lawsuit alleging that the prescription drug wholesaler, McKesson, and the prescription drug pricing information publisher, First DataBank, illegally conspired to increase the reported average wholesale prices of approximately 800 prescription drugs, resulting in increased prescription drug costs for consumers and third party payer health benefit plan providers. The firm then represented these TPP health plans in settlement negotiations with McKesson that resulted in a $350 million settlement and subsequent allocation mediation with counsel representing consumer class members, resulting in allocation of $285 million of the settlement award to TPPs. New England Carpenters Health Benefit Fund, et al. v. First DataBank, Inc. and McKesson Corp., No. 05-cv- 11148 (D. Ma.).
  • Lowey Dannenberg represented three mutual funds advised by Federated Investors, Inc. as co-lead plaintiffs in a class action brought in the Delaware Court of Chancery, In re ACS Shareholders Litigation, Cons. C.A. No. 4940-VCP (Del. Ch. 2010), on the eve of trial, the Lowey firm and our co-lead counsel achieved a $69 million increase in the merger consideration being paid to the shareholders of Affiliated Computer Services, Inc. by Xerox Corporation.
  • The Firm won a $72.4 million pre-judgment attachment against Amaranth LLC hedge fund in a class action alleging manipulation of NYMEX natural gas futures prices.  In re Amaranth Natural Gas Commodities Litigation, 07 Civ. 6377, 2010 WL 1838718 (S.D.N.Y. Mar. 3, 2010).  In so ruling, Judge Scheindlin concluded that the evidence submitted by Plaintiffs was sufficient to demonstrate a probability of success on the merits that Amaranth Advisors LLC, Amaranth LLC’s trading advisor, had manipulated the prices of NYMEX natural gas futures in violation of the U.S. Commodity Exchange Act.
  • We pioneered the field of prescription drug recoveries for third party payers, arguing successful appeals establishing the rights of recovery for health insurers in In re Cardizem CD Antitrust Litigation, 332 F.3d 896 (6th Cir. 2003) (settlement of $80 million), and In re Warfarin Sodium Antitrust Litigation, 391 F.3d 516 (3d Cir. 2004) (settlement of $44.5 million).

Legal Victories

  • Representing Humana Inc., Lowey Dannenberg won denial of certiorari in GlaxoSmithKline v. Humana, U.S. Supreme Court, No. 12-690, upholding the firms’ hard-fought victory in the Third Circuit Court of Appeals finding that Medicare Advantage organizations like the Humana have a private cause of action against a "primary payer" tort feasor under the Medicare Secondary Payer Act. In re Avandia Marketing Sales Practices and Products Liability Litigation, 685 F.3d 353 (3d Cir. 2012), cert. denied, 2013 WL 1500235 (U.S. Apr. 15, 2013). Read More
  • On April 3, 2013, in In re Neurontin Mktg. & Sales Practices Litigation, 712 F.3d 51 (1st Cir. 2013), the United States Court of Appeals for the First Circuit reversed the dismissal of Aetna's RICO and state law claims for damages attributed to Pfizer's off-label marketing of the prescription drug Neurontin. This decision was a landmark for health insurers, bucking a trend of adverse decisions for third party payers in prescription drug off-label marketing cases. Read More
  • The firm won dismissal of two class action lawsuits seeking to use New York G.O.L 5-335 to void Medicare Advantage health benefit plans' subrogation and reimbursement rights in New York. Meek-Horton v. Trover Solution, 910 F. Supp. 2d 690 (S.D.N.Y. 2013); Potts v. Rawlings Co., LLC, 897 F. Supp. 2d 185 (S.D.N.Y. 2012).

Contact us.

If you or your institution has been harmed, nationally-recognized Lowey Dannenberg has the experience needed to handle your complex litigation needs. Speak with an attorney at our offices in New York or Pennsylvania online or at 914-997-0500.