Past Cases

Scales of Justice with gavel

 

Cory Fein has played a prominent role is litigating and successfully settling several major class action and whistleblower cases throughout the United States, including the following:

 

$12,362,500 judgment in favor of class of Texas residents for invasion of privacy

In August 2017, Cory Fein of the Cory Fein Law Firm obtained a judgment in the amount of $12,362,500 in a class action against TitleMax. The award amounted to $2,500 each for the 4,945 class members whose information was improperly obtained by TitleMax employees from the Texas Department of Motor Vehicles. The Case is No. 5:14-cv-00628-RP-HJB, in the Western District of Texas, San Antonio division. Cory Fein was lead counsel in this case which resulted in an important victory. While most successful class actions result in a settlement (where defendants agree to pay a portion of the damages sought before the court makes a final ruling on liability and damages), this case proceeded all the way to a final judgment entered by the court, awarding the thousands of class members represented by Mr. Fein all of the damages they sought.

 

$600,000 recovery for fraud on the Medicare and Medicaid systems by nursing homes 

In August 2017, Cory Fein of the Cory Fein Law Firm announced the settlement of a lawsuit he brought in 2014 of a False Claims Act case against a company that manages 12 nursing facilities, and one of the Texas nursing facilities under its management. Mr. Fein brought the case on behalf of his client, a whistleblower who was a former employee of one of the facilities. The former employee refused to accept the routine submission of false claims to the Government and, with the assistance of Mr. Fein, brought this lawsuit resulting in the U.S. Government making a substantial recovery of taxpayer dollars.

The suit, Case No. 4:14-cv-02948, was filed in 2014 by the Cory Fein Law Firm in the U.S. District Court for the Southern District of Texas, Houston Division, and was pursued by the United States Department of Justice on behalf of the United States Department of Health and Human Services’ Office of Inspector General (OIG-HHS) and the Texas Office of the Attorney General and Texas Health and Human Services Commission.

The suit alleged that the defendants knowingly submitted false and fraudulent claims for payment to Medicare, Medicaid and other government-funded programs relating to rehab services. The alleged conduct included rounding up the amount of rehab therapy provided to nursing facility residents, in order to qualify for the highest RUG level (which required at least 720 minutes of therapy per week), which resulted in higher Medicare, TRICARE, and Medicaid reimbursement to the facility.

Attorney Cory Fein of the Cory Fein Law Firm in Houston, Texas represented the whistleblower in the case, in which the Defendants ultimately agreed to reimburse the United States and Texas governments for improperly filed claims related to these billings during 2012 and 2013.

 

$2.48 million recovery for fraud in sale to the United States military 

In January 2017, Cory Fein of the Cory Fein Law Firm announced the settlement of a lawsuit he brought in 2013 on behalf of his whistleblower client, a former employee of the defendant, Advanced Containment Systems, Inc.

As a result of the settlement, the defendants, Advanced Containment Systems, Inc., and Boh Environmental, LLC, will pay more than $2.48 million. Mr. Fein’s client, the former employee, refused to accept the routine submission of false claims to the Government and, with the assistance of Mr. Fein, brought this lawsuit resulting in the U.S. Government recovering millions of taxpayer dollars.

The suit, Case No. 4:13-cv-02330, was filed in the U.S. District Court for the Southern District of Texas, Houston Division, and was pursued by the United States Department of Justice on behalf of the United States Department of Defense (DoD), and the Defense Logistics Agency (DLA), which handles purchasing for the DOD.

The DLA purchased specialized containers from Boh Environmental, including containers used to transport and store equipment as well as command and control centers used as field offices. All of the containers were manufactured by Advanced Containment Systems at its facilities in Houston, Texas. The lawsuit included allegations that the defendants were contractually obligated to obtain ISO Quality Management System certifications and that they represented to DLA that they had obtained such certifications when they had not

Attorney Cory Fein of the Cory Fein Law in Houston, Texas represented the whistleblower in the case, in which the Defendants ultimately agreed to reimburse the federal government for improperly filed claims related to products manufactured during a period of almost three years, from 2010 to 20013.

The $2.48 million settlement was obtained under the False Claims Act. Cases filed nationwide under the False Claims Act in fiscal year 2015 yielded more than $3.5 billion in reimbursement to the federal government, according to statistics maintained by the Department of Justice.

 

$9.5 million recovery for Medicare fraud related to improper use of inpatient status by hospital

In July of 2016, Cory Fein, working with co-counsel, successfully recovered a $9.5 million settlement for false Medicare claims submitted by the largest health care provider in Reno, Nevada. The case, filed in 2012 in the U.S. District Court for Nevada, is styled United States ex rel. Cecilia Guardiola v. Renown Health, et al; No. 3:12-cv-00295. Cory Fein and his co-counsel represented Cecilia Guardiola, a registered nurse who was hired by Renown Health in 2009 as Director of Clinical Documentation. She discovered that Renown had a systematic problem billing Medicare for inpatient claims that should have been categorized as outpatient claims. Although Guardiola brought these problems to the attention of Renown’s senior management, she found a lack of institutional resolve to correct the problem. When she learned from various physicians that the false claims were being submitted at the direction of certain Renown Health management, she realized that her efforts would never succeed and resigned. After the United States decided not to intervene in the case, Fein and his co-counsel continue to pursue the case without the Government, as allowed by the False Claims Act, resulting in the successful recovery.

 

Settlement regarding fleet of defective diesel trucks 

Cory Fein of the Cory Fein Law Firm represented the City of Flagstaff, Arizona in a dispute with an auto manufacturer regarding a fleet of diesel trucks purchased by the City that were experiencing a high rate of malfunctions. In March 2017, Mr. Fein was able to successfully resolve the matter without having to file suit.

 

Settlement regarding franchise dispute 

Cory Fein of the Cory Fein Law Firm represented an individual in a dispute involving a chain of fast-food restaurants. In June 2017, Mr. Fein was able to successfully resolve the matter without having to file suit.

 

Settlement regarding unsolicited text messages 

Cory Fein of the Cory Fein Law Firm represented an individual who had received unsolicited text messages sent by companies seeking to advertise their services via text message without the recipient’s authorization. In April 2017, Mr. Fein reached a settlement of the matter resulting in a significant payment to his client.

 

Settlement with Florida Department of Transportation in lawsuit regarding toll collection overcharges in 2016 

In 2016, Cory Fein of the Cory Fein Law Firm settled a lawsuit against the Florida Department of Transportation. The suit was brought in 2014 on behalf of a Florida truck driver and a putative class of others who were overcharged as a result of drivers having the number of axles on their vehicles miscounted and being charged for vehicles that did not belong to them. The settlement included a refund of overcharges for the firm’s client and an agreement to better inform drivers about errors that occur in toll charges and how to dispute them.

 

$55 million recovery for Medicare fraud 

While a partner at Caddell Chapman, Cory Fein worked on a qui tam case filed in the Eastern District of Texas against dialysis provider DaVita. The firm represented a whistleblower, Ivey Woodard, who accused DaVita of over-administering the drug Epogen to exploit Medicare reimbursements. The case settled for $55 million in July 2012. The claim was that DaVita was administering so-called overfill — an extra quantity of a drug in each vial, required by law to ensure full doses are given — of Epogen to patients and fraudulently seeking reimbursement from Medicare for the overfill. The whistleblower was awarded the maximum relator’s share of 30%. The case was USA ex rel. v. DaVita Inc., Case number 1:05-cv-00227, in the U.S. District Court for the Eastern District of Texas.

 

Class action settlement with major vehicle manufacturer regarding defective diesel engines

A Multidistrict Litigation proceeding (Case No. MDL-2223), consolidating 35 cases from around the country and resulting in a nationwide settlement approved by an Illinois federal court.   Cory Fein served as the responsible attorney for Caddell & Chapman (sole lead counsel) and as chair of the Discovery Committee.  A settlement was approved on July 2, 2013, by Federal District Judge Matthew J. Kennelly (“the settlement can be viewed as paying roughly 50% of the full value of the class members’ claims, were they to succeed” and is “clearly fair”).  The settlement provided partial reimbursement for post-warranty engine repair costs incurred by a class of over 1 million current and former owners of vehicles equipped with diesel engines, and attorneys’ fees of $12.8 million were awarded on August 11, 2013 (approving the “relatively modest” lodestar multiplier of 1.25)

 

Class action settlement with online travel website regarding insufficiently disclosed fees and taxes

Cory Fein served as sole lead counsel for a class of persons who rented vehicles through an online website for use outside of the United States and alleged that insurance fees and taxes were improperly disclosed.    He successfully obtained a class action settlement for a nationwide class, which settlement was approved by California federal court.

 

Class action settlement with major insurance company involving underpayment of property insurance claims

Cory Fein served as lead counsel for a nationwide class of insureds alleging that they were underpaid on their property loss claims due to improper calculation of payment amounts.  The settlement provided repayment of 100% of the alleged underpayment, plus interest, and obtained final approval by a California federal court in 2014.

 

Class action settlement with major Credit Reporting Agency involving improper use of information in credit reports

One of the largest class actions in history including more than 190 million class members, where the settlement was approved in an Illinois federal court by Judge Robert Gettleman on September 17, 2008, and prominent class action expert Professor Geoffrey Miller stated “[h]aving worked closely with [Cory Fein and his firm, Caddell & Chapman], I can also attest that they are among the finest class action attorneys I have been privileged to know during my two decades of experience in this field of law. They not only possess excellent analytical and rhetorical skills, but—more importantly—displayed remarkable qualities of judgment, imagination and persistence.”  Cory Fein served as the responsible attorney at Caddell & Chapman, one of the named settlement class counsel.

 

Class action settlement with major manufacturer of ambulances involving defective diesel engines

A settlement that obtained final approval from Federal District Judge Marcia Crone on July 2, 2009 in the Eastern District of Texas, in which the owners of some 20,000  ambulances were eligible to obtain substantial compensation from the defendant in the form of extended warranties, reimbursements for repairs, and enhanced service.  Cory Fein served as the responsible attorney at Caddell & Chapman, lead counsel for the class.

 

Class action settlement against two major beverage manufacturers

Cory Fein was the responsible attorney at Caddell & Chapman, Lead Counsel in a California case against two major beverage manufacturers which resulted in a settlement for a nationwide class of consumers. The settlement obtained final approval on August 31, 2012, in Los Angeles Superior Court.

 

Class action settlement with major national bank involving improper charging of checking overdraft fees

Cory Fein was the responsible attorney for Caddell & Chapman, co-counsel for a class of bank account holders in a Florida federal case involving improper overdraft charges.  On August 10, 2012, Mr. Fein and his co-counsel successfully had a class certified and successfully defeated an interlocutory appeal to the Eleventh Circuit.  A settlement was reached and given final approval in 2014.

 

Class Action Settlement with major auto manufacturer involving defective suspension system causing premature and irregular tire wear

Cory Fein was the responsible attorney for Caddell & Chapman, co-counsel for a class of vehicle owners who alleged their tires wore prematurely and irregularly as a result of improperly designed rear suspension.  Mr. Fein and his co-counsel successfully obtained class certification, defended it against interlocutory appeal, after which they negotiated a settlement which obtained final approval in a California federal court.

 

Lead counsel overseeing dozens of settlements involving fire-causing cruise control switches

Cory Fein was the responsible attorney for Caddell & Chapman, Lead Counsel in In re Ford Motor Co. Speed Control Deactivation Switch Products Liability Litigation, an MDL proceeding (Case No. MDL-1718) pending in the Eastern District of Michigan.  Cory Fein took the lead role in facilitating a double-tracked, multi-party mediation that resulted in more than 100 settlements of cases involving vehicle fires.

 

Class action settlement with Hartford regarding underpayment of insurance claims

A class action settlement providing injunctive and monetary relief to a nationwide class of Hartford insureds with respect to the payment of General Contractor’s overhead and profit on property damage claims, approved by Judge Bury of the Federal District Court of Arizona on June 18, 2008.  Cory Fein served as the responsible attorney at Caddell & Chapman, lead counsel on the case.

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