Taft successfully represented a national health care consulting company in a $3.5 million settlement that resolved a class action in the United States District Court for the Southern District of Ohio. The suit centered around the business practice of Avectus Healthcare Solutions (on behalf of Mercy Health Hospital) of sending to attorneys representing patients written letters known as “letters of protection” that requested a commitment that tort recoveries would be used to pay medical bills.

The action, which lasted eight years, entailed significant motion practice (motions to dismiss and for judgment on the pleadings, summary judgment and class certification) and two appeals to the Sixth Circuit Court of Appeals. Plaintiffs alleged claims of breach of contract and of third-party beneficiary contract, violations of the Ohio Consumer Sales Practices Act, fraud, conversion, unjust enrichment, and violations of the Fair Debt Collections Practices Act.

Litigation partners Ron Holman, Mike Zbiegien, and Chad Ziepfel led Taft’s team.

Holman is a business litigator and partner in Taft’s Cleveland office who defends complex litigation and class actions, including matters involving commercial disputes, unfair and deceptive consumer sales practices, trade secrets, fraud, violations of statutory law, employment law, and workers’ compensation issues.

Zbiegien represents companies in nationwide class actions, including matters related to consumer and commercial issues, the Ohio Consumer Sales Practices Act, governmental entities, the Fair Credit Reporting Act, the Telephone Consumer Protection Act, employment issues, and insurance rates. He is a partner in Taft’s Cleveland office.

Ziepfel is a partner in Taft’s Cincinnati office. He routinely represents companies and individuals in matters involving a wide variety of commercial litigation, including business and contract disputes, injunctive relief, misappropriation of trade secrets, and various other complex disputes.