Monthly Archives: November 2017

Recent Filings – October Digest

View Amanda Pickens Nitto’s Complete Bio at robinsonbradshaw.comNot every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of October’s filings:

Laverty, et al. v. Niagara Bottling, LLC; No. 5:17-cv-00196 (W.D.N.C. October 31, 2017) (collective action brought under FLSA against Niagara Bottling LLC, a national water and/or beverage bottling company, by “preventative maintenance technicians” who allege they were not paid overtime compensation for required tasks performed, and also under FMLA by the lead plaintiff for alleged violation of his rights regarding the death of a family member.)

Jackson, et al. v. Ettain Group, Inc.; No. 3:17-cv-00622 (W.D.N.C. October 25, 2017) (action brought under federal and state wage and hour laws by plaintiffs who are “temporary workers” of defendant, which provides temporary contract employee across the country, alleging they were not compensated for work in excess of 40 hours per week and, additionally, were not paid wages due to them on regular paydays.)

Morton, et al. v. The Chemours Company FC, LLC, et al.; No. 7:17-cv-00197 (E.D.N.C. October 20, 2017) (previously reported as included below, this is a putative class action brought by landowners in the Wilmington, North Carolina area alleging defendants are responsible for trespass, nuisance and negligence by releasing toxic chemicals from their Fayetteville, North Carolina site to the property and water supply of those living in the Wilmington area causing damage and contamination to property, previous case is: Nix, et al. v. The Chemours Company FC, LLC, et al.; No. 7:17-cv-00189 (E.D.N.C. October 3, 2017).)

Anderson, et al. v. Equifax Inc., et al.; No. 2:17-cv-02825 (D.S.C. October 18, 2017) (one of several previously reported class actions brought under the Fair Credit Reporting Act by alleged victims of Equifax’s now well publicized data breach claiming they were harmed by unauthorized parties gaining access to personal and/or private information and Equifax’s delayed communication after learning of the breach.)

Clayton, et al. v. CenturyLink, Inc., et al.; No. 1:17-cv-00921 (M.D.N.C. October 13, 2017) (action brought under NC Unfair and Deceptive Trade Practices Act by consumers against defendants, which are global communications and IT services companies, alleging they were charged false and unauthorized charges for services including telephone, internet and/or television accounts, resulting in charges for services they did not order and overcharges for services they did receive.)

Rando, et al. v. CB&I, LLC; No. 0:17-cv-02790 (D.S.C. October 13, 2017) (purported class action brought under federal and state wage and hour laws by alleged non-exempt employees claiming they did not receive overtime compensation and were required to work more time than was included in their compensable time.)

Rhodes, et al. v. Shipman Family Home Care, Inc.; No. 1:17-cv-00950 (M.D.N.C. October 13, 2017) (purported collective and class action brought under federal and state wage and hour laws by employees of defendant who were “home health aides” and also performed related activities for defendant in Kingston, North Carolina who allege they were not paid correct overtime premium rate compensation.)

Brown, et al. v. South Carolina Public Service Authority, et al.; No. 3:17-cv-02764 (D.S.C. October 12, 2017) (previously reported similar action brought by holders of securities in SCANA; this putative class action is brought by customers of SCANA, who have no option but to use SCANA for electrical service, and allegedly have been charged for the costs of the building of various nuclear plants, which have been abandoned with no services rendered.)

Erekson, et al. v. Advanced Call Center Technologies, LLC; No. 3:17-cv-02766 (D.S.C. October 12, 2017) (putative collective and class action brought under FDCPA alleging defendants issued threatening collection letters with misleading and confusing information regarding the identities of creditors and debtors.)

Sharpenter, et al. v. Premara Financial, Inc., et al.; No. 3:17-cv-00607 (W.D.N.C. October 12, 2017) (class action brought under federal securities laws alleging defendants issued a false and misleading registration statement with the SEC regarding a proposed merger with Select Bank & Trust Company, which allegedly denies shareholders information needed to make sound future decisions.)

Sellers, et al. v. Keller Unlimited LLC, et al.; No. 2:17-cv-02758 (D.S.C. October 11, 2017) (putative collective and class action brought under federal and state wage and hour laws alleging defendants, which are restaurants and sports bars, violated FLSA by requiring bartenders to perform non-tipped unrelated duties and not paying federal minimum wage for time spent working in the restaurants.)

Anderson, et al. v. Laboratory Corporation of America Holdings; No. 1:17-cv-00911-TDS (M.D.N.C. October 10, 2017) (putative collective and class action brought under UDTPA and the equivalent under various state laws by plaintiffs alleging they were charged fees for services by LabCorp that were in excess of the negotiated or mandated fair market value rates established between LabCorp and the private or public health insurers.)

Laurence, et al. v. Harris Teeter, LLC; No. 3:17-cv-00602 (W.D.N.C. October 6, 2017) (putative collective and class action brought under federal and state wage and hour laws by “hourly-paid Keyholders and Assistant Grocery Managers” of defendant who allege they received inadequate compensation for the required hours they worked “off the clock” and were not paid overtime wages for work performed.)

Evans, et al. v. SCANA Corporation, et al.; No. 3:17-cv-02683 (D.S.C. October 5, 2017) (putative class action brought under federal securities laws by purchasers of publicly traded securities of SCANA during a period from February 2016 to September 2017 alleging defendant filed/released false and misleading analyst reports and advisories regarding the building of two nuclear plants thereby inflating the price of the securities and harming plaintiffs in their purchase of same.)

Nix, et al. v. The Chemours Company FC, LLC, et al.; No. 7:17-cv-00189 (E.D.N.C. October 3, 2017) (putative class action brought by landowners in the Wilmington, North Carolina, area alleging defendants are responsible for trespass, nuisance, and negligence by releasing toxic chemicals from their Fayetteville, North Carolina, site to the property and water supply of those living in the Wilmington area causing damage and contamination to property.)

Grubbs, et al. v. Advance Stores Company, Inc., et al.; No. 4:17-cv-02647 (D.S.C. October 2, 2017) (putative collective and class action brought under federal and state wage and hour laws by plaintiffs who were part-time delivery drivers of defendant for a period from the fall of 2016 through spring of 2017 and who allege defendant failed to pay overtime compensation for hours worked.)

Mason v. Equifax Inc.; No. 4:17-cv-02644 (D.S.C. October 2, 2017) (one of several putative class actions previously reported brought under the Fair Credit Reporting Act by alleged victims of Equifax’s now well-publicized data breach claiming they were harmed by unauthorized parties gaining access to personal and/or private information and Equifax’s delayed communication after learning of the breach.)

Wright, et al. v. Waste Pro USA, Inc., et al,; No. 2:17-cv-02654 (D.S.C. October 2, 2017) (putative collective and class action brought under federal and state wage and hour laws by employees of defendants alleging miscalculation of hourly rates by defendants, receiving only “half-time” for all hours worked over forty (40) hours in any given work week, in addition to being required to perform pre-shift and post-shift work without pay.)

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