Baptist Memorial prevails in Sixth Circuit appeal of denial of motion to intervene in antitrust suit

Client(s) Baptist Memorial Health Care Corporation

On June 29, 2011, the U.S. Court of Appeals for the Sixth Circuit affirmed an order denying a putative class representative's motion to intervene in an antitrust suit against Jones Day client Baptist Memorial Healthcare Corporation. After the district court denied class certification in an antitrust suit brought by two nurses against hospitals in Memphis, Tennessee, a third nurse moved to intervene in the suit as a new class representative, in an attempt to revive the putative class action. The district court denied the motion to intervene as untimely. On appeal, the intervenor raised a set of objections to the district judge's analysis, claiming that the court had applied the wrong legal standard, relied on erroneous factual determinations, and misapplied various aspects of the Sixth Circuit's five-factor test for timeliness. Jones Day, together with counsel for another defendant hospital, defended the district court's reasoning and result. The Sixth Circuit unanimously rejected the intervenor's contentions, affirming the denial of the motion to intervene and thus preventing the attempt to belatedly resuscitate the putative class action against our client.

Clarke et al. v. Baptist Memorial Healthcare Corp. et al., No. 10-5164 (6th Cir.)