Levine Lee News

U.S. Supreme Court Denies Cert., Preserving Healthfirst Win in 2nd Circuit

The United States Supreme Court denies a petition for writ of certiorari to the U.S. Court of Appeals for the Second Circuit, leaving in place the firm’s victory on behalf of client HF Management Services, an affiliate of Healthfirst, the largest Medicare and Medicaid provider in New York. The case is Dejesus v. HF Management Services, LLC., 726 F.3d 85 (2d Cir. 2013). This case involved a suit by a former HF Management Services employee who brought claims for alleged unpaid overtime and other allegedly unpaid compensation under the Fair Labor Standards Act and New York law. In the U.S. District Court for the Eastern District of New York, Judge Edward R. Korman granted Levine Lee’s motion to dismiss the complaint. Although Judge Korman granted plaintiff leave to amend, plaintiff instead chose to render the decision final and appealed to the Second Circuit. On appeal, with Seth L. Levine arguing, the Second Circuit affirmed Judge Korman’s dismissal of all claims in the complaint. Plaintiff filed a petition for writ of certiorari, seeking U.S. Supreme Court review. The Second Circuit’s opinion is a precedential labor law decision concerning the pleading standards for overtime cases. This case marks a continuation of Levine Lee’s track record in successfully defending Healthfirst in Fair Labor Standards Act cases, having previously obtained a dismissal of a putative class/collective action prior to answer, the initiation of discovery and certification. Seth L. Levine, Scott B. Klugman and Miriam L. Alinikoff worked on the matter.

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