John Bracken

Current Cases

Energizer Batteries Antitrust Litigation

Copeland, et al. v. Energizer Holdings, Inc., et al. (N.D. Cal.): Cohen Milstein represents consumers in a putative antitrust price-fixing class action against Energizer Holdings and Wal-Mart, Inc. Consumers allege that since 2018, Walmart and Energizer entered into an illegal agreement whereby Walmart would give Energizer preferential sales treatment at its stores while Energizer would monitor Walmart’s competitors, including online competitors, to keep them from undercutting Walmart’s retail prices for Energizer batteries. Consumers also allege that the agreement remains in effect today.

Flint Water Crisis Litigation

Flint Water Crisis Class Action Litigation (E.D. Mich.): Since 2021, Cohen Milstein has helped more than 90,000 Flint residents and businesses achieve $659.25 million in settlements from those responsible for the Flint Water Crisis. This includes a landmark $626.25 million settlement against the State of Michigan, the former Governor Rick Snyder, and other defendants for their roles in re-directing toxic levels of lead-contaminated water from the Flint River into the City of Flint’s drinking water system to save money. Litigation against the EPA continues.

Moehrl v. National Association of Realtors, et al.

Moehrl v. National Association of Realtors, et al. (N.D. Il.): Cohen Milstein is co-lead counsel in this certified class action, in which home sellers allege that National Association of Realtors (NAR) and many of the nation's largest real estate broker franchisors of conspiring to require home sellers to pay home buyer brokers fees – and at an inflated rate. Plaintiffs allege that the conspiracy revolves around NAR’s mandatory requirement that sellers make a buyer broker commission offer when listing their home on a multiple listing service. Since October 2023, Cohen Milstein and co-counsel have helped home sellers achieve more than $997.1 million in settlements thus far, of which, more than $876.5 million has been granted final approval by the courts, including a $418 million settlement with NAR and the $250 million settlement with HomeServices America, which was granted final approval on November 26, 2024.

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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 Solodyn Antitrust Litigation

In re Solodyn Antitrust Litigation (D. Mass.): We served as a member of the executive committee and Ms. Robertson played a significant role in coordinating discovery on behalf of the End-Payor Plaintiffs. The case, which settled mid-trial, resulted in a $43 million recovery for the Class.

Khoday et al v. Symantec Corp. et al.

Khoday et al. v. Symantec Corp. et al. (D. Minn.): Cohen Milstein was lead counsel in a nationwide class action involving the marketing to consumers of a re-download service in conjunction with the sale of Norton software. In April 2016, the case settled in a $60 million all-cash deal a month before it was to go to trial – one of the most significant consumer settlements in years. Douglas McNamara was involved in all aspects of the case, from managing the litigation to overseeing a staff of contract attorneys to settlement discussions.

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