Benjamin D. Brown is co-chair of Cohen Milstein’s Antitrust practice and the firm’s managing partner. He is currently serving as lead or co-lead counsel on a number of large antitrust class actions and competitor cases. Recognized as one of the five hundred leading lawyers in America by Lawdragon, he charts the course of his cases start to finish, deciding on the claims to be brought, the litigation strategy to pursue, and the approach to settlement or trial. He brings to his practice past experience gained as a trial attorney in the Antitrust Division of the United States Department of Justice leading anticompetitive conduct investigations and trials.
Ben is a leader in the area of takings cases, claims that are brought under the Fifth Amendment of the U.S. Constitution for the unconstitutional taking of property without compensation. He also represents individuals or groups in litigations and confidential arbitrations involving complex commercial disputes, particularly those involving regulated markets.
Ben has been appointed by federal courts to serve as co-lead counsel for plaintiffs in matters such as In re Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.); Carlin, et al. v. DairyAmerica, Inc. (E.D. Cal.); and Mixed Martial Arts (MMA) Antitrust Litigation (D. Nev.). He has led cases through trial and argued appeals and stands ready to take cases through to the finish line.
Ben also served as a Special Assistant United States Attorney in the Eastern District of Virginia, where he prosecuted criminal cases. Prior to serving in the U.S. Department of Justice, he practiced with one of Washington’s most prestigious defense firms, where he counseled defendants in antitrust litigation matters. From this experience he draws insights into defense strategies and has earned the respect of defendants’ counsel.
Ben is a contributing author of the ABA’s Antitrust Class Actions Handbook and serves as a state editor for the ABA’s Survey of State Class Action Law. He authored several chapters on private antitrust recovery actions for the Global Competition Review’s Antitrust Review of the Americas, and co-authored with Douglas Richards, “Predominance of Common Questions – Common Mistakes in Applying the Class Action Standard,” Rutgers Law Journal (Vol. 41).
Ben is also an adjunct professor at Georgetown Law School, where he teaches Complex Litigation, a course that explores the policy and procedures implicated by aggregated, high stakes, multi-party litigation, especially class actions.
The United States District Court for the District of Columbia has honored Ben for his outstanding commitment to pro bono litigation.
- Advisory Board Member, Institute for Consumer Antitrust Studies, Loyola University Chicago School of Law
- Trial Attorney, Antitrust Division, U.S. Department of Justice
- Special Assistant United States Attorney, Eastern District of Virginia
- Adjunct Professor at Georgetown Law School
- California
- District of Columbia
- Harvard Law School, J.D., cum laude, 1997
- University of Wisconsin - Madison, B.A., Phi Beta Kappa, 1992
- Law Clerk, the Hon. Chief Judge Juan R. Torruella, U.S. Court of Appeals for the First Circuit
Current Cases
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.
UFC MMA Fighters Antitrust Litigation
Cung Le, et al v. Zuffa, LLC, d/b/a Ultimate Fighting Championship (D. Nev.): Cohen Milstein is co-lead counsel in this certified wage suppression class action, representing mixed martial arts (MMA) fighters who allege that UFC unlawfully monopolized the MMA market by, among other things, locking up fighters in exclusive contracts and acquiring MMA rivals. On October 23, 2024, the Court preliminarily approved a landmark $375 million settlement.
Ideker Farms, Inc., et al. v. United States of America (NW Missouri Flood Litigation)
Ideker Farms, et al. v. United States of America (Fed. Cl.): Cohen Milstein represents Ideker Farms and more than 400 other plaintiffs located in six states along the Missouri River in a landmark mass action lawsuit in the U.S. Court of Federal Claims alleging that the federal government took land and flooding easements over lands owned by farmers without any compensation in violation of the takings clause of the Fifth Amendment. Cohen Milstein has helped lead the litigation team, including during both a months-long liability trial in 2017, and a subsequent damages trial in 2020 for bellwether plaintiffs. In December 2020, the Court ruled largely in favor of bellwether plaintiffs. In June 2023, the U.S. Court of Appeals for the Federal Circuit concurred with the lower court and reversed and remanded the issues of compensation for lost crops and 2011 flooding to the lower court to determine valuation.
In re Broiler Chicken Antitrust Litigation
In re Broiler Chicken Antitrust Litigation (N.D. Ill.): Cohen Milstein represents a class of broiler chicken consumers in a suit alleging that the nation’s largest chicken producers, including Perdue Farms and Tyson Foods, conspired to raise the price of chicken. As of July 25, 2023, settlements against defendants total $183.9 million.
Brown v. JBS USA Food Company, et al.
Brown v. JBS USA Food Company, et al. (D. Col.): Cohen Milstein serves as Interim Co-Lead Counsel in this wage suppression antitrust class action against eleven of country’s largest beef and pork producers and several of their subsidiaries, including JBS USA Food, Tyson Foods, Cargill, Hormel Foods, American Foods, Perdue Farms, Smithfield Foods, and National Beef Packing. On March 8, 2024, Plaintiffs filed motions for preliminary approval of a total $127.2 million in settlements against Tyson Foods and JBS USA Food. Pending final approval, settlements thus far total $200 million.
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.
Pacific Steel Group v. Commercial Metals Company, et al.
Pacific Steel Group v. Commercial Metals Company (N.D. Cal.): Cohen Milstein represented Pacific Steel Group (PSG), a steel rebar fabricator, in challenging an exclusionary micro mill contract initiated by Commercial Metals Company (CMC), one of the world’s largest steel companies. The alleged purpose of the contract was to assert CMC's monopoly an prevent PSG from competing in the Southern California market. On November 5, 2024, after a two-week jury trial, a federal jury issued a $110 million verdict against CMC.
Albert v. Global Tel*Link Corp.
Albert et al. v. Global Tel*Link Corp. et al. (D. Md.): Cohen Milstein and co-counsel, including the Human Rights Defense Center, and the Washington Lawyers’ Committee for Civil Rights and Urban Affairs represent families of inmates in prisons and correctional facilities throughout the United States. Plaintiffs allege that telecommunications giants, Global Tel* Link Corp., Securus Technologies, LLC, and 3Cinteractive Corp., engaged in a price-fixing and kickback scheme to inflate the prices of single call collect calls placed by inmates in violation of the Sherman Antitrust Act and the Racketeer Influenced and Corrupt Organizations Act. On October 31, 2024, the Court granted preliminary approval of a $17 million settlement against GTL.
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation
In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation (E.D.N.Y.): Cohen Milstein represents gasoline retailers in numerous states in an antitrust class against Visa, Inc. and MasterCard, Inc. for orchestrating an anticompetitive scheme artificially inflating the “interchange fees” charged to process credit card transactions on their networks.
In re Da Vinci Surgical Robot Antitrust Litigation
In re Da Vinci Surgical Robot Antitrust Litigation (N.D. Cal.): Cohen Milstein serves as Interim Co-Lead Counsel in this consolidated antitrust class action against Intuitive Surgical, Inc. Plaintiffs allege that Intuitive engages in an anticompetitive scheme under which it ties the purchase or lease of its must-have, market-dominating da Vinci surgical robot to the additional purchases of (i) robot maintenance and repair services and (ii) unnecessarily large numbers of the surgical instruments, known as EndoWrists, used to perform surgery with the robot—a violation of Sections 1 and 2 of the Sherman Act.
In re Rail Freight Fuel Surcharge Antitrust Litigation II
In Re: Rail Freight Fuel Surcharge Antitrust Litigation II (D.D.C.): Cohen Milstein represents three of the world’s largest container shippers—Yang Ming, NYK, and “K” Line—in antitrust lawsuits against the four largest United States railroads. Plaintiffs allege that, beginning as early as July 1, 2003, Defendants conspired to price fix Plaintiffs’ intermodal contracts in violation of Section 1 of the Sherman Act, including by agreeing to impose similar or identical rail freight fuel surcharges (“FSCs”) in their multi-year contracts.
All Wrapped Up Signs and Graphix LLC v. Visa Inc.
All Wrapped Up Signs and Graphix LLC v. Visa Inc. (S.D.N.Y.): Cohen Milstein filed a putative class action on behalf of plaintiff All Wrapped Up Signs and Graphix LLC alleging that Visa Inc. violated the Sherman Act and various state antitrust laws by (1) monopolizing and attempting to monopolize, and (2) reaching agreements not to compete in and in restraint of trade of, the market for debit transactions in the United States.
Past Cases
Allen et al v. Dairy Farmers of America
Allen et al v. Dairy Farmers of America, Inc. et al (D. Vt.): Cohen Milstein served as Lead Counsel for one of two subclasses of dairy farmers challenging anticompetitive conduct in the Northeast which resulted in lower prices paid to farmers. In April 2017 the Second Circuit Court of Appeals affirmed a $50 million settlement between plaintiffs and the remaining defendants, bringing the total settlement to more than $80 million, in addition to industry-changing equitable relief.
Carlin et al. v. DairyAmerica Inc. et al.
Carlin et al. v. DairyAmerica Inc. et al. (E.D. Cal.): Cohen Milstein represented tens of thousands of dairy farmers who alleged that cooperative DairyAmerica Inc. and affiliate California Dairies conspired to boost profits by artificially depressing the price of milk products paid to farmers. On May 9, 2019, the Court granted final approval to a $40 million settlement - a remarkable recovery. It is 80% of the $50 million in damages estimated by the USDA Inspector General and approximately 50% of the total damages calculated by Plaintiffs’ experts.
Plasma-Derivative Protein Therapies Antitrust Litigation
Plasma-Derivative Protein Therapies Antitrust Litigation (N.D. Ill.): Cohen Milstein served as Co-Lead Counsel for plaintiffs alleging that the two largest manufacturers of IVIG and Albumin – life-saving therapies derived from blood plasma – conspired to reduce the supply, and increase the prices, of these therapies, resulting in settlements totaling $128 million for hospitals and other direct purchasers.
- Lawdragon 500 Leading Litigators in America (2025)
- Lawdragon 500 Global Plaintiff Lawyers (2024)
- Lawdragon 500 Leading Lawyers in America (2020-2024)
- Lawdragon 500 Leading Plaintiff Financial Lawyers (2019-2024)
- Global Competition Review, Who’s Who Legal: Competition USA (2019-2024)
November 27, 2024
NAR Buyer-Broker Settlement Approved Over DOJ Concerns
A Missouri federal judge granted final approval Tuesday to the National Association of Realtors' antitrust settlement with home sellers, signing off on a $418 million payment and changes to broker commission rules, as NAR and the plaintiffs assailed the U.S. Department of Justice for raising last-minute concerns about the deal.
In the News | Law360
November 27, 2024
Claims Court Won’t Let US Slip Landowners’ Flooding Suit
The U.S. Court of Federal Claims has refused to let the federal government escape a suit filed by property owners who claimed that their properties were taken without just compensation due to years of destructive flooding caused by the U.S. Army Corps of Engineers. In his Monday ruling, Judge Armando O. Bonilla denied the federal […]
In the News | Law360
November 5, 2024
Texas Rebar Giant CMC Hit With $110M Antitrust Verdict
A California federal jury hit Commercial Metals Co. with a $110 million antitrust verdict on Tuesday, finding the Texas rebar giant liable for multiple antitrust violations and awarding Pacific Steel Group millions of dollars in lost profits and other damages.
In the News | Law360
October 31, 2024
Prison Phone Co. GTL Gets OK On $17M Price-Fix Deal
Prison phone company Global*Tel Link Corp will pay $17 million to escape claims that it colluded with two other companies to inflate the cost of calls made from inside U.S. prisons after a Maryland federal judge gave the deal her preliminary seal of approval Wednesday afternoon. U.S. Circuit Judge Lydia K. Griggsby conducted the entire […]
In the News | Law360
October 31, 2024
‘Absurd Costs’? Visa Faces Antitrust Class-Action Surge Following DOJ Complaint
At least four antitrust class actions allege Visa forced merchants and consumers to pay artificially inflated prices for debit card transactions, mirroring the allegations of a U.S. Department of Justice complaint. Plaintiffs’ attorneys have filed multiple antitrust class actions against Visa Inc. following the Sept. 24 U.S. Department of Justice complaint alleging the global payments […]
In the News | The National Law Journal
October 24, 2024
‘Significant Relief’: Big Law Firms Represent UFC in $375M Antitrust Settlement Agreement
“The settlement we helped MMA fighters achieve recovers hundreds of millions of dollars in lost compensation from the UFC,” said Benjamin D. Brown, managing partner of Cohen Milstein Sellers & Toll and co-chair of its antitrust practice. A Nevada federal judge has approved a preliminary $375 million settlement agreement between the Ultimate Fighting Championship and […]
In the News | The National Law Journal
October 28, 2024
Rebar Giant Pushed ‘Hands-Off Calif.’ Deal, Antitrust Jury Told
Commercial Metals Co.'s ex-CEO conceded during a federal antitrust jury trial Monday that the Texas rebar giant pushed micromill-maker Danieli Corp. into a "hands-off California" exclusivity provision barring Danieli from developing most Golden State rival mills days after discovering Pacific Steel Group was planning to build a mill in Southern California with Danieli.
In the News | Law360
October 23, 2024
US Judge Approves UFC Fighters’ $375 Million Wage Settlement
A federal judge in Las Vegas has preliminarily approved a class action settlement requiring Ultimate Fighting Championship to pay $375 million to fighters who said they were underpaid for their bouts for years. Lawyers for the mixed martial arts fighters called the decision by U.S. District Judge Richard Boulware II a “monumental achievement that will […]
In the News | Reuters
October 22, 2024
UFC Fighters Win Initial OK On $375M Wage Suppression Deal
A Nevada federal judge on Tuesday gave his blessing to a $375 million settlement resolving a group of former UFC fighters’ claims that the organization for years underpaid match participants, the fighters’ counsel confirmed. During a hearing in his Las Vegas courtroom, U.S. District Judge Richard F. Boulware II granted preliminary approval to the proposed […]
In the News | Law360
October 23, 2024
Court Approves Landmark $375M Settlement with Ultimate Fighting Championship
A Nevada federal court granted preliminary approval of a landmark $375 million settlement between a certified class of elite professional mixed martial art fighters and Zuffa, LLC dba Ultimate Fighting Championship.
In the News | Cohen Milstein
October 7, 2024
UFC Fighters Urge Judge to Greenlight $375M Settlement
A group of UFC fighters on Monday sought preliminary approval of a $375 million agreement that would net many fighters over $1 million each and settle their Nevada federal court dispute with UFC over what they say is a history of suppressed wages. The $375 million deal would resolve the case filed by fighter Cung […]
In the News | Law360
October 1, 2024
AAI Announces 2024 Antitrust Enforcement Award Honorees
The American Antitrust Institute has announced its 2024 Antitrust Enforcement Award honorees. These leading attorneys and economists will be recognized at AAI Awards Night on October 30, following AAI’s Annual Private Antitrust Enforcement Conference. Congratulations to the honorees! OUTSTANDING ANTITRUST LITIGATION ACHIEVEMENT IN PRIVATE LAW PRACTICE Moehrl, et al./Burnett, et al. v. The National Association of Realtors, et […]
Press Releases | American Antitrust Institute
September 26, 2024
New UFC Settlement Separates Cases, Ups Payout to $375M
The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday. UFC, a subsidiary of TKO Group Holdings Inc., said in a statement it was responding to […]
In the News | Law360
September 26, 2024
UFC Reaches $375M Settlement in Le v. Zuffa Antitrust Lawsuit
TKO Group, the UFC's parent company, reached an agreement with the plaintiffs of Le v. Zuffa that will pay $375 million in the class action lawsuit in which former fighters allege the MMA promotion violated antitrust laws.
In the News | ESPN
July 2, 2024
Steel Rebar Maker Commercial Metals Must Face Rival’s Antitrust Lawsuit
Steel rebar giant Commercial Metals (CMC.N), opens new tab must face an antitrust lawsuit that accuses it of sidelining a potential competitor by frustrating its efforts to build a mill in Southern California, driving up rebar prices. In a ruling, opens new tab unsealed on Friday, U.S. District Judge Haywood Gilliam Jr. in Oakland, California, […]
In the News | Reuters
August 22, 2024
Hormel, Meat Plants To Settle Wage-Fixing Claims For $13.5M
Hormel Foods Corp. and two meat processing plants have agreed to a $13.5 million settlement in a Colorado wage-fixing suit, joining a host of companies that have reached deals to end claims that they colluded to depress wages. In a joint notice of settlement filed Wednesday in Colorado federal court, attorneys for plant workers said […]
In the News | Law360
August 9, 2024
Home Sellers Get Approved For $250M HomeServices Deal
A Missouri federal judge granted preliminary approval for a $250 million class action settlement to end an antitrust suit filed by home sellers who accused the National Association of Realtors, HomeServices of America Inc. and other companies of conspiring to artificially inflate broker commission fees. In his Thursday order, U.S. District Judge Stephen R. Bough […]
In the News | Law360
July 14, 2024
The DOJ Asks: Does the Landmark Real Estate Settlement Go Far Enough?
Justice Department might pursue additional changes to the costs associated with buying and selling a home With the real-estate industry poised to abandon its longstanding commission structure next month, the Justice Department is signaling it isn’t done scrutinizing how real-estate agents get paid. The industry has battled many lawsuits alleging that the system for compensating […]
In the News | The Wall Street Journal
June 24, 2024
Litigation Leaders: Ben Brown of Cohen Milstein on What Makes the Firm ‘a Defendant’s Worst Nightmare’
Meet Benjamin Brown, who this year became the managing partner at Cohen Milstein Sellers & Toll—a role previously occupied by name partner Steven Toll. Brown, who is based in Washington, D.C. also co-chairs the firm’s antitrust practice.
In the News | The ALM Litigation Daily
June 20, 2024
Meat Plant Workers Seek OK On Latest $4M Wage-Fix Deal
Red meat processing plant workers have sought preliminary approval for their latest settlement over wage-fixing claims, a $4 million deal that adds American Foods Group LLC to the list of companies to cut deals that also includes JBS, Tyson, Perdue, Seaboard, Triumph and consulting firm Webber Meng Sahl & Co. Under the deal first teased […]
In the News | Law360
May 7, 2024
Redfin To Pay $9.2M To Exit Broker Fee Class Action
Redfin disclosed to regulators on Monday that it will pay $9.25 million to end claims that it caused home sellers to pay inflated commissions under rules set by the National Association of Realtors, allowing the company to exit a class action that ensnared several brokerage firms. The online real estate listings platform told the U.S. […]
In the News | Law360
April 26, 2024
Warren Buffett’s Real-Estate Firm Settles Antitrust Matter for $250 Million
HomeServices of America reached a nationwide $250 million settlement, the company said Friday. That figure is higher than what any other individual brokerage has agreed to pay to settle claims that the real-estate industry used a commission structure that kept fees for agents artificially high.
In the News | The Wall Street Journal
April 26, 2024
Berkshire Hathaway’s Real Estate Firm to Pay $250 million to Settle Real Estate Commission Lawsuits
A real estate company owned by Warren Buffett’s Berkshire Hathaway has agreed to pay $250 million to settle lawsuits nationwide claiming that longstanding practices by real estate brokerages forced U.S. homeowners to pay artificially inflated broker commissions when they sold their homes.
In the News | AP
April 26, 2024
Home Sellers Reach $250M Settlement with HomeServices of America
Home sellers have reached a $250 million settlement with HomeServices of America and certain of its subsidiaries, including Long & Foster Companies, Inc., BHH Affiliates, LLC, and HSF Affiliates, LLC, resolving antitrust class action claims against one of the nation’s largest residential real estate services companies.
Press Releases | Cohen Milstein
April 9, 2024
Real Brokerage $9.2M Settlement Is Latest in Agent Fee Suit
The Real Brokerage Inc. will pay $9.2 million in a settlement to exit a class action in Missouri federal court over broker fees that prompted other big brokerages to change how they charge agent fees. The Real Brokerage said April 8 it would make changes that clarify buyer agent services are free and address how […]
In the News | Law360
March 26, 2024
Moehrl Attorney: Market Shift After NAR Settlement ‘Will Take Time’
Robby Braun, partner at Cohen Milstein Sellers & Toll, addresses ‘misconceptions’ about the NAR deal’s impact and says Realtors who try to ignore the changes ‘will get left behind’ If the court approves the settlement reached with the National Association of Realtors, listing brokers will still be able to make offers of cooperative compensation to […]
In the News | Inman
March 24, 2024
Home Sellers Hope $58M Compass Deal Helps Spur Others
Compass Inc. announced Friday that it would pay home sellers $57.5 million in the first settlement since the National Association of Realtors reached its own deal this month to pay $418 million and overhaul rules that have effectively restricted how brokers buy and sell homes and how they’re paid. The Compass deal, which also comes […]
In the News | Law360
March 22, 2024
Litigators of the Week: Plaintiffs Reach a $418M Market-Shifting Settlement With Realtor Group
The National Association of Realtors agreed to changes that could trim the commissions paid to agents as part of the deal reached with co-lead counsel at Ketchmark and McCreight, Boulware Law, Williams Dirks Dameron, Hagens Berman, Cohen Milstein, and Susman Godfrey. Journalists refer to it as “above the fold.” The top half of the front […]
In the News | American Lawyer
March 15, 2024
Realtors Reach Settlement That Will Change How Americans Buy and Sell Homes
The National Association of Realtors has reached a nationwide settlement of claims that the industry conspired to keep agent commissions high, it said Friday, a deal set to usher in the biggest changes to how Americans buy and sell homes in decades.
In the News | The Wall Street Journal
March 15, 2024
Home Sellers Reach Landmark $418M Settlement with the National Association of Realtors
Joint settlement provides industry changing framework for NAR, MLS, and other real estate entities. WASHINGTON, DC– A nationwide class of home sellers has reached a landmark $418 million joint settlement with the National Association of Realtors (NAR) that will resolve claims in four antitrust class actions against NAR. Those class actions allege that NAR and […]
Press Releases | Cohen Milstein
March 15, 2024
Powerful Realtor Group Agrees to Slash Commissions to Settle Lawsuits
The National Association of Realtors will pay $418 million in damages and will amend several rules that housing experts say will drive down housing costs. American homeowners could see a significant drop in the cost of selling their homes after a real estate trade group agreed to a landmark deal that will eliminate a bedrock […]
In the News | The New York Times
March 14, 2024
In Real Estate Commission Cases, a Funny Thing Happened on the Way to the Forum
In real estate, the saying goes, location is everything. How apt, then, that in the multibillion-dollar litigation that stands to upend the residential real estate industry, the place where the cases are heard has proven to be pivotal. Because location doesn’t just matter when you’re buying a house. It can also prove fateful in litigation. […]
In the News | Reuters
February 28, 2024
$11M Meat Co. Deals Get Early OK In Colo. Wage Fixing Suit
A Colorado federal judge Tuesday gave initial approval to class settlements with two meat producers and a consulting company, requiring $11.25 million in payments to resolve claims that they participated in a nationwide scheme to fix and depress wages for meat plant workers. In an order, U.S. District Judge Philip A. Brimmer advanced a deal […]
In the News | Law360
August 10, 2023
UFC Officially Involved in Class-Action Lawsuit, Over $1.6B in Damages Possible
The UFC is potentially being sued by over a thousand fighters. The ongoing UFC Antitrust lawsuit has been elevated to class-action, after a court ruling from Judge Boulware on August 9. The UFC Antitrust Lawsuit Explained Simply Back in December 2014, a group of MMA fighters — some still active — joined together to file […]
In the News | Sports Illustrated
February 14, 2024
Judge Rebukes UFC In Antitrust Class Certification Order, Leaves Openings For Appeal
After five-and-a-half long years, the judge overseeing the antitrust lawsuit against the UFC finally released his order granting class certification status to the plaintiff fighters seeking up to $1.6 billion in damages. Last Wednesday, U.S. District Judge Richard Boulware of Las Vegas, NV certified a “bout class” of over 1,200 fighters who fought for the […]
In the News | Forbes
August 9, 2023
Antitrust Suit Against UFC Officially Granted Class Certification
The plaintiffs seemingly earned a strategic victory in an antitrust lawsuit against the UFC in 2020. Nearly three years later, that win has been made official. Federal judge Richard F. Boulware granted the plaintiffs class certification on Wednesday, according to a document from the U.S. District Court for the District of Nevada. The lawsuit against […]
In the News | ESPN
February 6, 2024
JBS Settles Meat Plant Wage-Fixing Suit In Colo.
Meat processing giant JBS USA Food Co. and a presumed class of meat plant workers have settled claims of wage-fixing in a lawsuit originally filed against nearly a dozen meat producers, according to a joint notice filed Monday. The notice did not include the terms of the settlement, which it said would come in a […]
In the News | Law360
January 19, 2024
UFC Loses Bid To End Wage Suppression Case Ahead Of Trial
A Nevada federal court denied a summary judgment motion from Ultimate Fighting Championship’s parent company Zuffa LLC. The order said the court already considered UFC's arguments, for both the summary judgment and exclusion bids, when it certified a class of fighters in the case on August 9, 2023. The case moves to trial by jury, scheduled for April 8, 2024.
In the News | Law360
January 9, 2024
Cohen Milstein’s New Head On Firm’s ‘Mission-Driven Culture’
Benjamin D. Brown is taking on his new role as managing partner of Cohen Milstein Sellers & Toll PLLC with an eye toward maintaining a firm culture that enables lawyers to build the type of world they want for themselves and their families. Brown said that Cohen Milstein — which touts its work as “uncommon advocacy for […]
In the News | Law360
January 3, 2024
As Cohen Milstein Grows, Law Firm Names New Managing Partner
The leadership change comes on the heels of one of the firm’s “most successful years financially,” according to Benjamin Brown, its new managing partner. What You Need to Know As Washington, D.C.-founded class action litigation firm Cohen Milstein Sellers & Toll continues to grow its head count and expand its physical footprint, the plaintiff-side firm […]
In the News | The National Law Journal
January 3, 2024
Cohen Milstein Sellers & Toll Names Benjamin D. Brown Managing Partner
Cohen Milstein Sellers & Toll announced today that Benjamin D. Brown has been named managing partner. Brown, who joined Cohen Milstein in 2005, currently co-chairs the firm’s Antitrust practice and serves as chairman of the Executive Committee. Brown replaces Steven J. Toll, who stepped down as managing partner at the end of last year, following a highly successful 26-year run shepherding the firm. Toll, who was named managing partner of the firm in 1997, has cultivated a national profile for Cohen Milstein, increased the attorney headcount from 20 to over 100, and transformed the firm from a legal startup to a legal powerhouse.
Press Releases | Cohen Milstein
November 26, 2023
How the $1.8 Billion Real Estate Commissions Lawsuit Came to Be
For years, lawyers prodded at the rule on how buyers’ and sellers’ agents share fees. But two lawsuits finally took aim at it head on. The litigation that could end up changing how millions of Americans buy and sell homes was hiding in plain sight for three decades. The current set of rules governing how […]
In the News | The Wall Street Journal
November 30, 2023
Full Fed. Circ. Won’t Rethink US Loss In Farmers’ Flood Case
The full Federal Circuit declined Wednesday to reconsider a panel’s June decision affirming a more than $7 million award for farmers along the Missouri River who incurred serial flooding of their land, rejecting the federal government’s warning the takings ruling could yield “untold billions” in future liability. The Army Corps of Engineers previously filed its […]
In the News | Law360
August 9, 2023
Martial Arts Fighters’ Wage Lawsuit Against UFC Can Proceed as Class Action
A U.S. judge in Nevada on Wednesday said a group of martial arts fighters suing the Ultimate Fighting Championship for alleged suppression of their wages can move forward as a class action seeking damages estimated at between $811 million and $1.6 billion. U.S. District Judge Richard Boulware’s decision grants class-action status to more than 1,200 […]
In the News | Reuters
August 9, 2023
UFC Fighters Get Class Cert In Wage Suppression Suit
A Nevada federal judge gave Ultimate Fighting Championship fighters a crucial, long-awaited win Wednesday with the certification of one of two proposed classes in an antitrust suit alleging the organization repressed wages by up to $1.6 billion through coercive, exclusive contracts and the purchase of rival promoters. U.S. District Judge Richard F. Boulware II certified […]
In the News | Law360
June 16, 2023
Fed. Circ. Finds US Owes Farmers Flooding Loss Damages
The Federal Circuit on Friday rejected the U.S. Army Corps of Engineers’ appeal of a 2020 decision awarding farmers along the Missouri River more than $7 million for serial flooding of their land, and vacated the trial court’s decision that the farmers were not eligible for damages for their crop loss. In a unanimous decision, […]
In the News | Law360
June 16, 2023
Farmers Win Shot at Crop Compensation in Missouri River Flooding
Repeated flooding qualifies as a taking, court says Claims accumulated after expert confirmation A group of farmers along the Missouri River will have a second shot at compensation for crops they lost because of flooding created by a strategic shift in planning by the Army Corps of Engineers, the Federal Circuit decided Friday. Ideker Farms […]
In the News | Bloomberg Law
June 16, 2023
Missouri River Basin Landowners Secure Appellate Victory for Flooding Claims
The U.S. Court of Appeals for the Federal Circuit ruled today that the United States bears responsibility for causing atypical recurrent flooding along the Missouri River that has injured farms and property in the Missouri River Basin since 2007. In its opinion, the Federal Circuit confirmed that the United States violated the Fifth Amendment prohibition […]
In the News
May 26, 2023
4th Circ. Revives Prison Phone Price-Fixing RICO Claims
The families of prisoners will get another shot at seeking damages on their racketeering claim against three companies accused of conspiring to inflate the cost of calls made from U.S. prisons, after the Fourth Circuit ruled Thursday that the claims alleged direct injury to thousands of families as well as the government. The unanimous published […]
In the News | Law360
April 3, 2023
Perdue Plant Workers’ $60M Wage-Fixing Deal Gets Initial OK
A Maryland federal judge on Monday gave her preliminary blessing to Perdue Farms’ $60.7 million settlement with workers who claim the company conspired to keep wages low at its poultry processing plants, certifying a nationwide settlement class of past and present Perdue poultry workers. U.S. District Judge Stephanie A. Gallagher granted preliminary approval to the […]
In the News | Law360
March 30, 2023
Commissions Lawsuit Now a Class Action, Greatly Increasing Its Scope
A judge ruled that the Moehrl suit would now cover all sellers who paid commissions to named companies over a 5-year period, plus “current and future” sellers. Key points: The Moehrl suit lists top brokerages and MLSs as defendants and seeks damages of more than $13 billion. The ruling “is a blow” to the defendants […]
In the News | Real Estate News
March 29, 2023
Home Sellers Win Class Cert. for NAR Antitrust Suit
An Illinois federal judge certified two classes of home sellers accusing the National Association of Realtors and several real estate brokerage firms of conspiring to charge “inflated” commission rates for buyer-brokers who sold homes, ruling on Wednesday that the suit’s claims meet several class certification requirements. In her ruling, U.S. District Judge Andrea R. Wood […]
In the News | Law360
September 12, 2022
Poultry Workers’ $85M Antitrust Deal Ready for Judge’s Approval
A class of current and former poultry workers who alleged major U.S. chicken processors conspired to suppress wages has asked a Maryland federal court to approve $84.8 million in new settlements, pushing the total recovery so far in the litigation to more than $134 million. The plaintiffs’ attorneys asked U.S. District Judge Stephanie Gallagher on […]
In the News | Reuters
December 21, 2021
Tyson, Pilgrim’s, Others Get Nod for $181 Million Antitrust Deal
The consumers leading antitrust litigation over an alleged industrywide scheme to fix broiler chicken prices won final approval from a federal judge in Chicago for their $181 million class action settlement with Pilgrim’s Pride Corp., Tyson Foods Inc., and other poultry processors. Judge Thomas M. Durkin signed off late Monday on six agreements resolving “indirect […]
In the News | Bloomberg Law
August 6, 2021
Home Sellers Blast Keller Williams’ Subpoena Bid in NAR Row
Home sellers pursuing antitrust claims over allegedly anti-competitive National Association of Realtors commissions rules urged an Illinois federal judge Thursday to stop a real estate brokerage’s attempt to “end-run” an earlier discovery order by subpoenaing its own franchises for documents they’ve requested. In a joint status report, the home sellers told U.S. District Judge Andrea […]
In the News | Law360
August 6, 2021
Pilgrim’s to Pay $76M to Settle Chicken Price-Fixing Claims
Pilgrim’s Pride Corp. has agreed to pay consumers $75.5 million to settle claims it conspired with competitors to fix the price of broiler chicken, the company’s latest deal in sweeping litigation filed in Illinois federal court over the alleged long-running scheme. In a filing Thursday, the end-user consumer plaintiffs also said they’d cut a $1 […]
In the News | Law360
July 6, 2021
“Pilgrim’s $29 Million Deal Headed to Judge in Wage-Fixing Case,” Bloomberg Law
Suit alleges scheme to drive down pay for poultry workers Pilgrim’s will pay and cooperate, settlement motion says JBS SA subsidiary Pilgrim’s Pride Corp. will pay $29 million to resolve antitrust claims over its alleged role in an industrywide scheme to depress pay for the largely immigrant workforce employed at poultry processing plants, according to […]
In the News
June 24, 2021
UFC Faces Antitrust Suit by Fighters Over ‘Iron-Fisted Control’
COURT: D. Nev. TRACK DOCKET: No. 21-cv-1189 JUDGE: Andrew P. Gordon Two mixed martial arts fighters hit Ultimate Fighting Championship with federal antitrust claims in Las Vegas over its alleged scheme to cement its “iron-fisted control” over the sport—and drive down athlete pay—by acquiring rival promoters and locking top talent into long-term exclusive contracts. The […]
In the News | Bloomberg Law
June 24, 2021
Fighters File Class Action Antitrust Lawsuit Against the Ultimate Fighting Championship and Endeavor Group Holdings, Inc.
FOR IMMEDIATE RELEASE (Philadelphia, PA – June 24, 2021) – Kajan Johnson and C.B. Dollaway, two long-time veterans of the Ultimate Fighting Championship (“UFC”), filed a proposed class action antitrust lawsuit against Zuffa, LLC (d/b/a Ultimate Fighting Championship and UFC) and its parent company Endeavor Group Holdings, Inc. The lawsuit is similar to the class […]
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June 22, 2021
How a $1.6 Billion Lawsuit May Change the UFC Forever
Ultimate Fighting Championship has long dominated the world of mixed martial arts. But UFC’s effort to swallow up competitors has triggered a class action by fighters who claim it’s abusing its power. Now a key court victory threatens the organization’s very business model. Bloomberg’s Josh Eidelson investigates. The antitrust class action discussed in this Bloomberg […]
In the News | Bloomberg
April 13, 2021
Fighters in Antitrust Suit Against the Ultimate Fighting Championship (“UFC”) Announce Launch of UFCclassaction.com
Le et al. v. Zuffa, LLC, d/b/a/ Ultimate Fighting Championship and UFC Case No. 2:15-cv-01045 RFB-BNW (D. Nev.) FOR IMMEDIATE RELEASE (Philadelphia, PA – April 13, 2021) – The representatives for a proposed class of professional mixed martial arts fighters in an antitrust lawsuit against the Ultimate Fighting Championship (“UFC”) today announced the launch of […]
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March 23, 2021
Shippers Blast Rail Cos. Bid for Appeal on Evidence Issue
The country’s biggest rail giants can’t put long-running antitrust multidistrict litigation on hold while they appeal a D.C. federal court’s decision not to allow them to nix evidence that would give them “de facto” immunity, the shippers bringing the suit argue. “This case is a teenager, almost ready to move out,” the shippers told the […]
In the News | Law360
March 22, 2021
Ill. Judge Gives Early OK to $104M Deal With Chicken Cos.
An Illinois federal judge on Monday granted preliminary approval to a $104 million settlement with four poultry producers to resolve claims from a group of consumers who say the companies engaged in a long-term scheme to fix prices for broiler chickens. U.S. District Judge Thomas Durkin said during a hearing Monday that the deal — […]
In the News | Law360
March 2, 2021
Tyson Has $99 Million Deal With Consumers in Chicken Cartel Case
WHAT TO KNOW: Part of a larger $104 million deal, first reached by consumers. Comes days after tentative approval of wholesaler settlement. The consumers leading a proposed chicken price-fixing class action over an alleged industrywide scheme revealed a $99 million settlement with Tyson Foods Inc., part of a larger $104 million “icebreaker” deal they disclosed […]
In the News | Bloomberg Law
January 19, 2021
More Consumer Groups Settle With Tyson in Price-Fix MDL
Two consumer groups suing Tyson Foods in long-running multidistrict litigation over alleged price-fixing in the broiler chicken industry told an Illinois federal judge Tuesday they have reached settlements with the poultry giant. The motions for preliminary approval of a settlement from end-user consumers and more than 30 commercial and institutional indirect purchaser consumers comes after […]
In the News | Law360
January 6, 2021
Home Sellers Blast ‘Fruitless’ Bid to Excise Class Members
HomeServices of America can’t head off discovery with “a premature and fruitless” argument that some of the home sellers suing it and other real estate brokerages over National Association of Realtors commission rules belong in arbitration, the sellers told an Illinois federal judge Tuesday. HomeServices of America Inc., a holding company whose affiliates include BHH […]
In the News | Law360
January 4, 2021
Missouri River Landowners File Potentially Gigantic Fifth Amendment Class Action
On Dec. 14, Judge Nancy Firestone of the U.S. Court of Federal Claims ruled decisively that the U.S. government violated the Fifth Amendment rights of three landowners whose properties in the Missouri River basin became vulnerable to floods after the U.S. Army Corps of Engineers revised its management of the river to comply with environmental […]
In the News | Reuters
December 15, 2020
Claims Court Awards Landowners $7M for Mo. River Flooding
The U.S. Court of Federal Claims has said the federal government owes over $7 million to a trio of landowners as compensation for the serial flooding of their private properties near the Missouri River due to a conservation initiative undertaken by the U.S. Army Corps of Engineers. Judge Nancy B. Firestone ruled Monday that the […]
In the News | Law360
July 19, 2018
The Morning Risk Report: Google Fine Spotlights Differing Regulatory Approaches of EU, U.S.
The €4.34 billion ($5.06 billion) fine levied by the European Union against Alphabet Google highlights the differences with the U.S. in how the two regions view their roles in antitrust regulation, said an attorney who previously worked in the antitrust unit at the U.S. Department of Justice. The fine announced Wednesday shows the EU’s willingness […]
In the News | The Wall Street Journal
March 15, 2018
Army Corps Faces Trial in $300M Missouri River Flooding
A Court of Federal Claims judge on Tuesday ruled that the U.S. Army Corps of Engineers’ projects on the Missouri River caused serial flooding of private landowners’ property, clearing the way for a trial over an estimated $300 million in damages. The lawsuit was filed in 2014 by farmers, landowners and business owners from six […]
In the News | Law360
March 14, 2018
Army Corps Actions Caused Missouri River Flooding, Judge Rules
A federal judge in Washington, D.C., has found the U.S. Army Corps of Engineers’ management of the Missouri River caused regular flooding, a liability finding that sets the stage for a trial over what plaintiffs’ counsel estimated as $300 million in damages. Tuesday’s ruling by U.S. Court of Federal Claims Judge Nancy Firestone found that […]
In the News | The National Law Journal
March 13, 2018
Missouri River Basin Landowners Secure Legal Victory in Mass-Action Lawsuit for Flooding Against U.S. Army Corps of Engineers
FOR IMMEDIATE RELEASE Federal judge’s ruling impacts farmers, landowners and business owners in four states KANSAS CITY, Mo. (March 13, 2018) A federal judge in Washington, D.C. ruled today that the U.S. Army Corps of Engineers bears responsibility for causing recurrent flooding and damaging farms and property in four Midwest states along the Missouri River: […]
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