Recent Filings – January 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 January filings:

Sciabacucchi v. Snyder’s-Lance, Inc., et al., No. 3:18-cv-00049 (W.D.N.C. January 29, 2018) (previously reported similar action as Shaev Profit Sharing Account v. Snyder’s-Lance, Inc., et al., No. 3:18-cv-00039 (W.D.N.C. January 25, 2018) wherein shareholders allege financial harm from issuance of a false proxy statement for a proposed merger transaction between Snyder’s-Lance and Campbell Soup Company)

Shaev Profit Sharing Account v. Snyder’s-Lance, Inc., et al., No. 3:18-cv-00039 (W.D.N.C. January 25, 2018) (putative class action brought by shareholders who claim financial harm under federal securities laws against Synder’s-Lance and Campbell Soup Company for alleged issuance of a false and misleading proxy statement for a proposed merger transaction between the entities on or about December 2017)

Vaitkuvienė v. Syneos Health, Inc., et al., No. 5:18-cv-00029 (E.D.N.C. January 25, 2018) (putative class action brought by shareholders under federal securities laws against defendant INC, a publicly traded clinical research organization, for allegedly issuing false press releases, artificially inflating the stock price, and deceiving investors about the company’s prospects and business relating to a potential acquisition by INC of inVentive Health, Inc. on or about May 10, 2017)

Lightsey, et al. v. Toshiba Corp., No. 9:18-cv-00190 (D.S.C. January 23, 2018) (previously reported similar action brought by customers of SCANA:  this putative class action removed from South Carolina state court to federal court is brought by South Carolina consumers of electricity against Toshiba Corporation which allegedly gave guaranty regarding the costs passed on to customers of two nuclear power projects to be built by S.C. Electric & Gas Company but the projects were abandoned and Toshiba has failed to make payment or agreed to pay those customers who were financially harmed)

Mattson v. Ceres Marine Terminals Inc., No. 2:18-cv-00192 (D.S.C. January 23, 2018) (putative collective and class action brought under federal and state wage and hour laws by employees who load and unload cargo for Ceres Marine Terminals, Inc., a stevedoring and terminal operating company, alleging they were misclassified as exempt and not paid overtime compensation for hours worked)

Rowland v. Mid-America Apartments, LP d/b/a Colonial Grand at Research Park, et al., No. 1:18-cv-00043 (M.D.N.C. January 22, 2018) (putative class action removed from North Carolina state court to federal court brought under the North Carolina Debt Collection Act alleging defendants, which are apartment complexes, send tenants who are late with their rent payment past the 9th day of the month letters with premature threat of eviction, court action, attorneys’ fees, sheriff fees, etc.)

Erdogan, et al. v. Preserve at Charleston Park Homeowners Ass’n., Inc., et al., No. 2:18-cv-00084 (D.S.C. January 9, 2018) (putative class action alleging certain homeowners associations and law firms across South Carolina have violated the Fair Debt Collection Practices Act and state law by assessing and foreclosing on liens against individual homeowners for unpaid dues or assessments)

Erekson, et al. v. Clarkson & Hale, LLC, No. 3:18-cv-00032 (D.S.C. January 4, 2018) (putative class action alleging defendant law firm’s debt collection letters failed to explain plaintiffs’ rights to dispute the debt and request verification in violation of the Fair Debt Collection Practices Act)

Church, et al. v. Hotels.com L.P., et al., No. 2:18-cv-00018 (D.S.C. January 3, 2018) (putative collective and class action brought against hotel booking websites by users of these websites alleging defendants are unlawfully collecting and retaining overcharges of taxes and fees)

Alston, et al. v. Midland Credit Mgmt., Inc., No. 8:18-cv-00014 (D.S.C. January 3, 2018) (putative class action brought under the Fair Debt Collection Practices Act and state collection laws alleging defendant sent misleading and deceptive collection letters which failed to advise plaintiffs that any payment option on their revolving credit loans would restart the statute of limitations for a potential collection action)

Pier View Condominium Ass’n, Inc., et al. v. Johns Manville, Inc., No. 2:18-cv-00022 (D.S.C. January 2, 2018) (purported class action removed from South Carolina state court to federal court brought the homeowners association of Pier View Condominiums alleging Johns Manville manufactured and supplied defective roofing materials causing property damage, including water intrusion, and mishandled the warranty of the roofing system)

Conner, et al. v. Cleveland Cnty. Emergency Med. Servs., No. 1:18-cv-00002 (W.D.N.C. January 2, 2018) (putative collective and class action brought under federal and state wage and hour laws alleging that defendant failed to pay overtime to EMTs for all hours worked in excess of 40 hours per week)

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About Amanda Pickens

Amanda Pickens focuses on complex business disputes and employment law. She has experience enforcing and defending noncompetition and trade secrets disputes and representing employers before administrative agencies such as the Equal Employment Opportunity Commission.