An Ohio law firm is seeking compensation after it claims that mistakes made by a technology services provider resulted in incorrect settlement payments to class members in a collective action lawsuit. The complaint was filed by Biller & Kimble, LLC in the Franklin County, Ohio Court of Common Pleas against Nexigen Communications, LLC on May 12, 2025.
According to the filing, Biller & Kimble specializes in class and collective action lawsuits and engaged Nexigen Communications, a Kentucky-based company providing information technology services and litigation support, to analyze data related to the settlement of Brown v. MUY! Pizza-Tejas, LLC, et al., No. 1:23-cv-1816 (N.D. Ga.). The law firm requested Nexigen to generate a list detailing all deliveries completed between June 21, 2019 and September 27, 2021 by individuals who had opted into the case. This analysis was necessary to determine each participant’s share of the settlement based on their proportionate number of deliveries.
The complaint states that Biller & Kimble provided Nexigen with spreadsheets containing opt-in plaintiffs’ names as well as delivery records from within the Pizza Hut franchise organization covering 2017 through 2021. A contract was formed when Nexigen agreed to perform this data analysis. Communication between Andrew Kimble of Biller & Kimble and Scott Phillips and Mark Schnitter from Nexigen confirmed that Nexigen would combine lists and run searches through the database as instructed.
However, Biller & Kimble alleges that Nexigen erroneously limited its analysis to deliveries occurring only between June 2020 and September 2021 instead of starting from June 21, 2019 as requested. As a result, many class members’ deliveries from June 2019 through June 2020 were excluded from calculations used to allocate settlement awards. “Nexigen’s error meant that, for many of the opt-in plaintiffs, none of the deliveries they completed between June 21, 2019 and June 2020 were included in the analysis,” according to the complaint.
The law firm reports it relied on Nexigen’s expertise in IT and data analytics throughout this process. After disbursing checks based on these calculations, Biller & Kimble learned about possible errors when a class member questioned their award amount. Upon review, Mr. Phillips admitted inputting an incorrect date range into his code before running the analysis: “There’s the issue. My apologies!” he wrote in an email cited by the plaintiff.
The error led some class members to receive inflated awards while others received less than they were owed. By the time this discrepancy was discovered, many recipients with higher awards had already cashed their checks making recovery difficult or impossible. According to Biller & Kimble’s filing, Mr. Schnitter assured them that “Nexigen would make this right.” Ultimately, Biller & Kimble states it paid over $156,000 out-of-pocket to resolve disputes regarding underpaid class members.
Despite admitting fault initially and promising repayment for excess amounts paid due to its mistake—”Nexigen fixed the error and promised to make things right by paying back the excess amount”—the law firm claims that Nexigen later refused responsibility for covering these costs.
Biller & Kimble asserts three causes of action: breach of contract for failing to include all required data; negligence for not meeting professional standards expected from IT experts; and promissory estoppel based on alleged promises made by Nexigen after discovering its mistake but not fulfilled afterward.
The plaintiff seeks judgment declaring that Defendant breached its contract and negligently misrepresented completion of proper data analysis; compensatory damages exceeding $25,000; attorney’s fees; pre- and post-judgment costs; injunctive relief as deemed appropriate by the court; and any other just or equitable remedies.
Attorney Patrick Kasson (0055570) of Reminger Co., L.P.A., represents Biller & Kimble in this matter under case number OH763.
Source: 126cv00408_Bill_and_Kimble_LLC_v_Nexigen_Communications_LLC_Complaint_Northern_District_Ohio.pdf
