Troy Bozarth, HeplerBroom partner and Jill Sundberg, HeplerBroom associate obtained an order denying plaintiff's motion for class certification in the Southern District of Illinois Federal Court. The plaintiff had sought class treatment for a claim brought by a chiropractor and other medical providers against our client The Zenith Ins. company. Plaintiff claimed that Zenith engaged in a "Silent PPO" and unjustifiably reduced payments to the class through applying PPO discounts they did not deserve. According to plaintiff Zenith was required to do more to "steer" patients to the medical providers in order to apply the discount. The district court agreed with our argument that the merits of the claims, breach of contract, unjust enrichment and Illinois consumer fraud act violations, were not subject to common proof and therefore denied the plaintiff's motion to certify the class. As a result, HeplerBroom saved their client a substantially large monetary sum.

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