Litigation

Ken Gogel is an aggressive litigator and has tried complex cases in state and federal courts in Massachusetts and northern Connecticut. Gogel & Gogel represents businesses in contract issues and other matters. We have also provided successful litigation support to medical practices in disputes with insurance companies in reimbursement cases. Ken Gogel has been admitted to practice in specific cases before state and federal courts in more than a dozen jurisdictions.  Lawyers often refer their clients to Ken Gogel for litigation matters.

Cases of Note 

Protecting Physicians From Arbitrary Fee Reductions

 First State Orthopedics vs. Concentra, Inc. (E.D. PA)

This national class action was filed on behalf  orthopedic surgeons in Pennsylvania against Concentra, Inc., Concentra Managed Care, Inc. and Focus Health Care Management, Inc. accusing defendants of operating a silent PPO and unfair repricing activities. Plaintiffs claimed that defendants sold PPO lists and discounts without the physicians’ knowledge and without providing patient steerage required by the physicians’ contracts. They also claimed that defendants used biased repricing software or improperly calculated UCR charges to unfairly recommend to medical bills payors that they reduce their payments to physicians.

The case was settled in a nationwide settlement. The settlement was applicable to medical providers, including almost every physician in the country who has had any auto accident and worker’s compensation bill reduced by the use of a computerized databases developed and sold by Concentra defendants. http://bit.ly/1lGtMDq

 Ending The Collection of Debt Discharged in Bankruptcy

 LaFromboise, et al. v. Greenwood Trust, et al. (D. Mass.); In re: General Electric Capital Corp. Bankruptcy Debtor Reaffirmation Agreements Litigation (MDL, NDIL); and Lamontagne, et al.v. Hurley State Bank, et al. (D. Mass.).

Ken Gogel was appointed class counsel in a number of national cases filed in Springfield, MA, Boston, MA and Chicago, IL.  These cases were filed in an effort to end the collection of credit card accounts that had been discharged in Bankruptcy.

The credit card defendants had solicited so called Reaffirmation Agreements from consumers in their Bankruptcy cases and then failed to obtain Court approval rendering the Agreements void.  The defendants collected money under the Agreements in violation of the Bankruptcy Code.

The cases resolved in national settlements against the credit card company defendants.  The terms of the settlements returned tens of millions of dollar to consumers and required that hundreds of thousands of dollars be donated by the Defendants to several organizations advising consumers regarding debt and financial issues.

Back to Services