Kit Pierson

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.

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.

Past Cases

In re Urethane Antitrust Litigation

In re Urethane Antitrust Litigation (D. Kan.): Cohen Milstein served as Co-Lead Counsel on behalf of a class of direct purchasers of urethane chemicals who were overcharged as a result of a nationwide price-fixing conspiracy. Cohen Milstein and their co-counsel prevailed at trial and obtained a judgment of $1.06 billion against Dow Chemical in 2013. Dow ultimately settled for $835 million while the case was on appeal before the Supreme Court, bringing the total recovery, including prior settlements with other defendants, to $974 million – nearly 250% of the damages found by the jury. The Honorable John W. Lungstrum, who presided over the trial, remarked: “In almost 25 years of service on the bench, this Court has not experienced a more remarkable result.”

ExxonMobil -Villagers of Aceh Litigation

John Doe I v. ExxonMobil Corporation (D.D.C.): Cohen Milstein represented eleven villagers from Aceh, Indonesia, who alleged that they or their relatives endured horrific human rights abuses, including murder, torture, sexual violence, and kidnapping, at the hands of Indonesian soldiers contracted by ExxonMobil to guard its oil operations in the region. On May 15, 2023, a week before a jury trial was to start and after 22 years of litigation, the case settled. Although the case was litigated in U.S. federal court, Indonesian law applied to Plaintiffs’ claims and was applied by the court. The case set numerous legal precedents during its 20-year history, during which it saw two trips to the D.C. Circuit Court of Appeals (decided January 2007 and July 2011) and one to the Supreme Court (certiorari was denied in 2008). Each time, novel issues of foreign policy impact, extraterritorial jurisdiction, and choice of law were briefed and considered by the Court of Appeals. In August 2022, months before trial, the district court largely denied ExxonMobil’s motion for summary judgment, finding most of its arguments “entirely meritless.” Cohen Milstein and co-counsel were awarded the 2024 Public Justice Trial Lawyer of the Year Award for the successful resolution of this case.

In re Electronic Books Antitrust Litigation

In re Electronic Books Antitrust Litigation (S.D.N.Y.): Cohen Milstein was co-lead counsel in a class action lawsuit alleging that Apple and five of the leading U.S. publishers conspired to raise the retail prices of e-books. Mr. Pierson led the Cohen Milstein team, which secured class certification, defeated motions to exclude the class expert, and successfully moved for exclusion of most of Apple’s expert testimony. The five publishing defendants settled for $166 million and a settlement was reached with Apple shortly before trial for an additional $450 million.

Read MoreLess

• Lawdragon 500 Leading Plaintiff Financial Lawyers List (2019-2024)
• Chambers USA Ranked for Antitrust: Plaintiff (2020-2023)
• Global Competition Review, Who’s Who Legal: Competition (2021-2024)  
• Legal 500 Leading Lawyers (2018, 2021-2022)
• Super Lawyers (2018-2024)
• Lawdragon 500 Leading Lawyers in America (2016)
• Law360 MVP in Competition Law (2014)