A three-judge panel unanimously upheld a lower court’s decision that grants class-certification to former clients whom the law firm charged a $50 fee for investigative services that attorneys suing the firm say were never provided.
The appellate panel, however, reversed a decision granting class-action status to a claim that the law firm funneled clients to, who is accused of overbilling those patients to inflate settlements. The appellate panel sent the issue back to the trial judge for further examination.
Jim Popson, the lead attorney defending the law firm against the suit, said in a statement that it continues to dispute the issue of the investigative fee. James Brogan is a retired Dayton-area appellate court judge tapped to oversee the lawsuit after the Summit County judges recused themselves. In December 2019, he granted class-action status based on two claims in the lawsuit.
Brogan did not grant class-action status to a claim in the lawsuit that the firm provided kick-backs to doctors in exchange for writing narrative reports about patients’ care. The law firm did not keep any accounting or log of the actual services that the investigators provided to each client in exchange for the fee, the order said.
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