Alison Deich

Current Cases

Jien, et al. v. Perdue Farms, Inc., et al.

Jien, et al. v. Perdue Farms, Inc., et al. (D. Md.): Cohen Milstein serves as Co-Lead Counsel in this putative wage and hour suppression class action against the nation’s largest chicken and turkey producers conspired to suppress their compensation. Settlements that are public total $339 million thus far. Litigation against Defendant Agri Stats continues.

Lee, et al. v. Trump, et al.

Thompson, et al. v. Trump, et al. (D.D.C.): In partnership with the NAACP, Cohen Milstein is representing members of Congress in a novel civil rights lawsuit filed under the Ku Klux Klan Act of 1871 against Donald J. Trump, in his personal capacity, the Proud Boys and the Oath Keepers, alleging that they conspired to prevent members of Congress from carrying out their constitutional duty to certify the results of the 2020 election on January 6, 2021. The case addresses novel questions of presidential immunity and the First Amendment. On December 1, 2023, the U.S. Court of Appeals for the District of Columbia Circuit decided that President Trump is not entitled to official-act immunity for his actions leading up to and on January 6 as alleged in the complaint, since he was acting as an office-seeker, not an officeholder.

Cape Fear River PFAS Litigation: Nix, et al. v. The Chemours Company FC, LLC et al.

Cape Fear River Contaminated Water Litigation (E.D.N.C.): Cohen Milstein is representing North Carolina residents and homeowners along the Cape Fear River in this certified toxic tort class action against DuPont and Chemours for allegedly dumping toxic GenX chemicals, a form of PFAS aka “forever chemicals,” into the Cape Fear River, impacting the drinking water and homes of more than 770,000 residents throughout the region.

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Past Cases

In re Domestic Drywall Antitrust Litigation

In re Domestic Drywall Antitrust Litigation (E.D. Pa.): Cohen Milstein initiated the investigation, filed the first complaint and then served as co-lead counsel in an antitrust litigation alleging that the seven major U.S. manufacturers of drywall conspired to raise prices. In 2015 we took the lead for the direct purchaser plaintiffs in arguing against the defendants’ summary judgment motions (which were denied by the Court for four of the five defendants). The Court granted final approval to settlements totaling $190 million.

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.

Amicus Briefs

Moyle v. U.S.A. and Idaho v. U.S.A.

On March 28, 2024, the National Women’s Law Center filed an amicus brief, co-authored by Cohen Milstein, with the Supreme Court of the United States, addressing Moyle v. U.S.A. (No. 23-726) and Idaho v. U.S.A. (23-727) and the Emergency Medical Treatment and Labor Act (EMTALA). This brief is also submitted on behalf of In Our […]

• The National Law Journal, Rising Stars (2023, 2024) 
• Super Lawyers, Rising Star (2020-2023)
• Best Lawyers: Ones to Watch, Antitrust Law (2021 – 2025)