ROLF’s litigation team is highly effective at achieving favorable results in and out of court.  We leverage our comprehensive knowledge of the law and our in-depth understanding of the industry to guide our clients through all stages of litigation – from litigation avoidance strategies and early negotiations through trial and appeals. While remaining mindful of economic realities and the costs of litigation, ROLF helps clients make key strategic and tactical decisions to reach the best possible outcomes.  ROLF’s seasoned team handles a wide range of matters, including commercial litigation, complex “bet the company” litigation, false claims and whistleblower defense, provider rights, civil and criminal investigations, and employment and labor disputes. Our outstanding track record of recent wins include:

False Claims, Whistleblower Defense & Government Investigations

  • Won the dismissal of a multi-million dollar Qui Tam Complaint filed under the False Claims Act asserting improper kickbacks between a nursing facility chain and ancillary service vendors.
  • Obtained a dismissal with prejudice for a 8 facility nursing facility chain named in a Qui Tam Complaint under the False Claims Act asserting the therapy provider was providing unnecessary services by “hugging the rug”
  • Defended and negotiated a positive result for a 80 facility nursing facility chain named in a Qui Tam Complaint under the False Claims Act asserting upcoding by a therapy vendor.
  • Obtained summary judgment and then won in the District Court of Appeals in a series Medicaid Fraud cases brought by the Ohio Attorney General against over 90 nursing homes for laboratory service billings.
  • Represented many long term care providers in responding to investigations and subsequent litigations by the OIG and State Medicaid Fraud Control Units.

Providers Rights & Reimbursement

  • Set Ohio precedent in establishing that health-care providers have a constitutionally protected property interest in their continued participation in the Medicaid program, and struck down a statute for unconstitutionally violating providers’ due-process rights.
  • Successfully obtained the dismissal of a Certificate of Need appeal filed by six competitors, preventing them from building new nursing homes.
  • Obtained a Court of Appeals decision barring a Department of Medicaid from recovering alleged overpayments made to health-care providers unless the Department gives notice of the alleged overpayment within five years.
  • Saved clients millions when responding to Ohio Department of Medicaid audits by preventing the Department from prevailing in attempts to recoup alleged overpayments.
  • Won numerous challenges to audit decisions made by the Michigan Department of Health and Human Services, including:
    • Circuit court judgments requiring the Department to recognize and allow depreciation costs of a $17 million dollar facility addition.
    • Requiring the Department recognize contributions to pension fund for retiree healthcare.
    • A decision reversing the Department’s application of class-wide average rates for a new facility, and instead allowing premium costs for use of a national staffing agency.

Commercial Litigation

  • Won a multi-million-dollar judgment in a dispute arising from the sale of a business involving 8 parties and dozens of claims and counterclaims.
  • Obtained a favorable settlement against a large institutional pharmacy after demonstrating that the pharmacy had been improperly billing the nursing facilities for several years.
  • Successfully defended a multi-million-dollar lawsuit by an institutional pharmacy for alleged breach of contract by a 20-facility nursing home chain.

Employment Litigation

  • Obtained summary judgment on behalf of nursing facility in a wrongful discharge claim filed by a former administrator in Pennsylvania federal court.
  • Successfully defended multiple clients in a variety of age, race, and disability discrimination lawsuits and claims with the Ohio Civil Rights Commission.
  • Successfully assisted multiple nursing facilities with Department of Labor audits of wage and hour practices.
  • Successfully settled a Fair Housing Act disability discrimination claim involving AL resident’s right to have an emotional support animal.
  • Obtained partial summary judgment on behalf of nursing facility in a lawsuit filed in Ohio federal court following the discharge of former therapy services manager.
  • Assisted numerous clients in the development of employment policies and procedures relating to a variety of topics including COVID-19 response.
  • Obtained summary judgment disposing of claims against a client in a case for minimum wage and overtime compensation violations under state and federal law.
  • Obtained pre-discovery dismissal of a Pennsylvania state law whistleblower claim in which the plaintiff alleged she was terminated for notifying management of failure to meet minimum staffing levels.

Labor

  • Successfully assisted a nursing facility with the decertification of a SEIU bargaining unit that had represented the facility’s employees for more than a decade.
  • Advised clients in the development of employer’s anti-union campaign and in the defense of employer in multiple unfair labor practice charges.
  • Assisted clients in assessing bargaining priorities and development of bargaining proposals for collective bargaining with union representing staff.