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Learn More About the Potential Risks of JUUL Vaping

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RESEARCH PAPER

UC San Francisco study titled "JUUL Delivers Substantially More Nicotine Than Previous Generation E-Cigs and Cigarettes"

ONLINE ARTICLE

Bloomberg article titled "FDA's Juul Inquiry Found Consumers Had 2,600 Health Complaints."

NEWSPAPER ARTICLE

New York Times article titled "Vaping Illness Tracker: 2,602 Cases and 59 Deaths."


UNIVERSITY OF SOUTHERN CALIFORNIA STUDENT REFUND LITIGATION

Over $36 Billion in Settlements & Judgments

Our attorneys are nationally recognized for their work over the past 40 years on major Consumer Protection litigation. Berger Montague has recovered billions of dollars for our clients.

Mr. Carson co-chairs the firm's Consumer Protection group. He represents plaintiffs in all types of litigation including class actions, collective actions, multiple plaintiff litigations, and single plaintiff litigation. He is regularly appointed by federal courts to serve as lead counsel and on executive committees in class actions and mass torts.  

Benjamin Galdston

Shareholder

With career settlements and verdicts valued at more than $150 million, Ms. Drake has had great success in a wide variety of cases. Ms. Drake focuses her practice primarily on consumer protection, improper credit reporting, and financial services class actions. She has successfully gone toe-to-toe with some of the world's most powerful companies.

E. Michelle Drake

Shareholder

What is a False Claim?

(1) knowingly presents (or causes to be presented) a false or fraudulent claim to the Federal Government for payment;

(2) knowingly makes, uses, or causes to be made or used, a false record or statement material to a false or fraudulent claim for payment made on the Federal Government;

(3) conspires with others to commit a violation of the False Claims Act; or

(4) knowingly makes, uses, or causes to be made or used, a false record or statement to conceal, avoid, or decrease an obligation to pay money or transmit property to the Federal Government.

Liability under the Federal False Claims Act occurs where someone (a person or a corporate entity):

What is a Whistleblower Complaint?

A whistleblower complaint is the initial document filed under seal with the court that sets out all of the whistleblower’s allegations and claims against a defendant. In addition to being filed with the court, the complaint is also served on the government so that they can start their investigation into the whistleblower’s case. The complaint is the first pleading that starts the whistleblower’s case.

What is Qui Tam Litigation?

The False Claims Act prohibits the submission of false claims or statements to the government. Violators face fines of $5,500 to $11,000 per claim, plus treble damages. Whistleblowers (referred to as relators) can initiate qui tam cases by filing a sealed complaint in court with the assistance of an attorney.

The qui tam provisions of the False Claims Act allow individuals and their qui tam lawyers to bring a claim on behalf of the government against entities that submit false claims to the government.  If the government recovers, whistleblowers typically receive between 15% and 30% of the total recovery.

SETTLED CASE SPOTLIGHT 

U.S. ex rel. John Doe v. Health First, Inc. et al.

The lawsuit alleged among other things, that Health First illegally induced referrals of patients to various Health First-owned hospitals by offering kickbacks to physicians in the community who practiced with Melbourne Internal Medicine Associates. P.A. 

Specifically, relator alleged, inter alia, that in violation of the Anti-Kickback Statute (“AKS”), the Health First Defendants engaged in a scheme to vastly increase the number of referrals they received from MIMA physicians by providing remuneration and other incentives for those referrals.

an inpatient basis.

In settling this matter, Health First expressly denied relator’s allegations. Separately, MIMA was also a defendant in this case and settled the matter as well. This case settled for $3.5 million.

Anti-Kickback Laws protects the federal health care program beneficiaries from goods and services being provided that are medically unnecessary, of poor quality, or harmful to a vulnerable patient population. 

Finally, relator alleged that the Health First Defendants violated the False Claims Act by billing for medically unnecessary blood transfusions and other blood services by requiring that those services be done on 

Our firm  has filed a class action lawsuit against the University of Southern California and its Board of Trustees to recover tuition and fees for students whose Spring 2020 classes were cancelled or moved online during the Coronavirus pandemic. The lawsuit is Watson v. The University of Southern California, et al., pending in the U.S. District Court for the Central District of California.


The suit alleges that USC is profiting from the current crisis by failing to provide the in-person classes, academic enrichment, meal plans, and other services that students paid for, while refusing to refund all or part of tuition and fees despite the dramatically lower quality and less valuable education and services it is now offering only online. 


If you are a USC student, parent, or guardian who has not received any tuition or fee reimbursements for the Spring 2020 semester or Summer 2020 sessions, please fill out the form on this page. Our firm has assembled a task force of dedicated attorneys and staff who will respond promptly. 

Juul Impact on the Youth of America

The Truth Initiative surveyed over 1,000 teenagers of which 63% were unaware that the Juul delivers nicotine with each use. 

Matthew Myers, president of the Campaign for Tobacco-Free Kids, states "It delivers so much nicotine so rapidly, it dramatically increases the risk that a kid who experiments with this product will become addicted and then potentially go on to smoke cigarettes."

Although Juul "strongly condemns the use of its products by minors", this is a trend that should not be overlooked. A Tobacco Control study shows that the use among young adults is increasing rapidly. 


Mr. Galdston manages the firm's San Diego office and has specialized in consumer cases, complex securities fraud and other class actions, corporate governance matters, and opt-out litigation for more than 18 years. 

Shanon J. Carson

Managing Shareholder