Monthly Archives: May 2016

Recent Filings – May Digest

View Amanda Pickens’ Complete Bio at RBH.com Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of May’s filings:

Garey, et. al. v. James S. Farrin, P.C., et. al., No. 1:16-cv-00542 (M.D.N.C. May 27, 2016) (putative class action brought under the Driver’s Privacy Protection Act alleging that defendant law firms obtained protected personal information from DMV records and accident reports to market their legal services in violation of the Act).

Spallone v. Chen Sushi King, LLC, No. 4:16-cv-01684 (D.S.C. May 25, 2016) (purported collective and class action brought under the FLSA and state wage and hour laws for an improper “tip pool”).

McKinnon v. Knight Enters. S.E., LLC, No. 2:16-cv-01664 (D.S.C. May 24, 2016) (cable installation technicians filed purported collective and class action under the FLSA and state wage and hour laws alleging that defendant misclassified the technicians as independent contractors and failed to pay overtime and minimum wage).

Carmichael v. Hilton Head Island Dev. Co., LLC, et. al., No. 9:16-cv-01641 (D.S.C. May 23, 2016) (purported class action brought under state consumer protection laws alleging that defendants made several misrepresentations when they sold timeshare units at the beach).

South Carolina Clean Air Initiative, LLC v. Harbor Freight Tools, No. 7:16-cv-01631 (D.S.C. May 20, 2016) (putative class action brought under the Clean Air Act alleging that defendant hardware retailer defrauded consumers and sold engines without emissions warranty language required by the Clean Air Act).

Bettini v. Windstream of South Carolina, LLC, et. al., No. 3:16-cv-01611 (D.S.C. May 19, 2016) (notice of removal of putative class action alleging defendant internet providers’ “Price for Life” promotion was misleading because the providers’ price guarantee expired after one year).

Linnis, et. al. v. Haeco Americas, LLC, No. 1:16-cv-00486 (May 17, 2016) (putative class action based on state law tort claims alleging defendant disclosed personally identifying information about its 3,000 employees to a third party internet scammer, allowing the scammer to file fraudulent tax returns and steal the employees’ identities).

Saunders v. Margaritaville of Myrtle Beach, LLC, No. 4:16-cv-01559 (D.S.C. May 16, 2016) (notice of removal of purported collective and class action brought under the FLSA and state wage and hour law alleging defendant required restaurant workers to work off the clock without pay).

Napier v. Adiz, LLC, et. al., No. 1:16-cv-01548 (D.S.C. May 13, 2016) (notice of removal of purported South Carolina class action by residential homeowners alleging defendants negligently designed and built their homes).

Wilson v. Hatteras Fin. Corp., et. al., No. 1:16-cv-00445 (M.D.N.C. May 11, 2016) (putative class action on behalf of shareholders of Hatteras Financial Corporation against the company’s officers and directors alleging violations of the Exchange Act and other claims arising out of a proposed merger of its real estate investment trust operations with Annaly Capital Management, Inc.).

Crosbie v. Bizfi, No. 4:16-cv-00061 (E.D.N.C. May 9, 2016) (alleging violations of the Telephone Consumer Protection Act based on autodialed collection calls sent without plaintiffs’ consent).

Morris v. Southern Concrete and Construction, Inc., No. 8:16-cv-01440 (D.S.C. May 5, 2016) (class and collective action brought under FLSA and state wage and hour laws by construction workers alleging that defendant failed to pay travel time and overtime).

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Recent Filings – April Digest

View Amanda Pickens’ Complete Bio at RBH.com Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of April’s filings:

EEOC v. Mission Hospital, Inc., No. 1:16-cv-00118 (W.D.N.C. April 28, 2016) (putative class action alleging violations of Title VII for allegedly refusing to honor employees’ requests for religious exemptions from the hospital’s flu vaccine policy).

Velez v. Healthcare Revenue Recovery Group, LLC, No. 1:16-cv-377 (M.D.N.C. April 25, 2016) (putative class action brought on behalf of consumers residing in North Carolina alleging violations of the Fair Debt Collection Practices Act).

ARcare v. Zylera Pharmaceuticals, LLC, No. 1:16-cv-378 (M.D.N.C. April 25, 2016) (putative class action based on the Telephone Consumer Protection Act and state consumer protection laws against pharmaceutical company for sending unsolicited fax advertisements).

Stayler v. Rohoho, Inc., No. 2:16-cv-1235 (D.S.C. April 21, 2016) (collective action brought under FLSA alleging that Papa John’s failed to properly reimburse pizza delivery drivers for their car expenses).

Jenkins v. The Moses H. Cone Memorial Health Servs. Corp., et. al., No. 5:16-cv-188 (E.D.N.C. April 21, 2016) (putative class action brought on behalf of hospital patients alleging defendant hospital breached its fiduciary duties and other state laws by seeking improper payments from patients and sending debt collection notices).

Jantz v. Berry, No. 1:16-cv-307 (M.D.N.C. April 11, 2016) (action filed to enjoin merger of grocery chains, alleging – inter alia – deficiencies in proxy materials)

Regan, et. al. v. City of Hanahan, No. 2:16-cv-01077 (D.S.C. April 7, 2016) (collective and class action brought under FLSA and state wage and hour law by EMS workers for city’s failure to pay overtime).

Balint v. The Fresh Market, Inc., No. 16-CVS-4144 (N.C. Bus. Ct. April 5, 2016) (action by public shareholders challenging merger consideration in proposed acquisition; Defendants have moved to dismiss on venue grounds, contending that the Company’s by-laws provide for exclusive jurisdiction in Delaware).

Peiffer v. Charleston County School District, No. 2:16-cv-01042 (D.S.C. April 4, 2016) (notice of removal of collective and class action brought under FLSA and South Carolina Payment of Wage Act alleging that defendant school system failed to pay teachers for attending new employee orientation).

Manigault v. Utopia Home Care, Inc., et. al., No. 2:16-cv-01036 (D.S.C. April 4, 2016) (collective and class action brought under FLSA and South Carolina Payment of Wages Act alleging that defendant home care agency failed to pay overtime and improperly classified certified nurses as exempt employees).

Perez v. Merrill Lynch & Co., No. 3:16-cv-00157 (W.D.N.C. April 1, 2016) (putative class action founded on CAFA and Title VII alleging breach of contract and violation of Title VII arising out of policy changes allegedly made by Merrill Lynch affecting international financial advisors).

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