Media Advisory: HCR ManorCare Files Petition with U.S. Court of Appeals Today Challenging Criteria

Aug. 11, 2011 - PRLog -- Contacts:
Jarrod Walpert                     
212.219.0321                     
walpert@formulapr.com               

Jennifer Klein
310.772.7245   
jklein@littler.com   

MEDIA ADVISORY

Summary:  
HCR ManorCare today filed a mandamus petition with the U.S. Court of Appeals for the Sixth Circuit. The petition challenges the procedure courts currently use to conditionally certify collective actions under the Fair Labor Standards Act. This petition comes on the heels of the Walmart v. Dukes decision and asks the Court to consider, for the first time, whether these commonly applied procedures are consistent with the Federal Rules of Civil Procedure. HCR is represented by Littler Mendelson (“Littler”), the nation’s largest employment and labor law firm representing management, and Anspach Meeks Ellenberger LLP, of Toledo, Ohio. HCR ManorCare is a provider of short-term post acute services and long term care.

The issue at hand concerns the way courts decide whether to assist private plaintiffs in notifying potential plaintiffs of their right to opt-in to a case.  In short, the current procedure permits thousands of plaintiffs to join a case before the court determines it can efficiently and fairly manage their collective claims.  If the Federal Rules were applied properly, the courts first would determine if it could accommodate this multitude of claims. If the answer is affirmative, the courts would then invite similarly situated employees to join the action.

“The current procedure has it backwards,” said Allan King, a shareholder in the Dallas office of Littler Mendelson.  “If this writ is granted, it could be the first step in changing the prevailing practice, which ultimately could have an even greater impact than the recent landmark Wal-Mart v. Dukes decision.  To date, there have been approximately 3,000 such cases filed in federal courts since January 2010, outnumbering discrimination class actions by at least 10 or 20 to one.”

For interviews with Littler’s Allan King or HCR ManorCare General Counsel Richard Parr, please contact Jarrod Walpert at Formula PR, 212.219.0321 or Littler’s Director of Public Relations, Jennifer Klein, 310.772.7245.  

About Littler:

With over 800 attorneys and 52 offices, Littler Mendelson is the largest U.S.-based law firm exclusively devoted to representing management in employment and labor law matters. As the only U.S. member of the Ius Laboris global alliance, Littler has extensive resources to address the needs of multi-national clients, from navigating international employment laws and labor relations issues to applying corporate policies worldwide. Established in 1942, the firm has litigated, mediated and negotiated some of the most influential employment law cases and labor contracts on record. For more information, visit littler.com.