All posts by Amanda Pickens Nitto

Recent Filings – March 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 March filings:

Fryett v. Equifax Info. Servs., LLC, No. 5:18-cv-00109 (E.D.N.C. March 23, 2018) (purported collective and class action brought under the Fair Credit Reporting Act against Equifax for alleged reporting of consumer civil judgment and lien information that is outdated and inaccurate)

Mode v. S-L Distrib. Co., LLC, et al., No. 3:18-cv-00150 (W.D.N.C. March 22, 2018) (purported collective and class action brought under FLSA and state wage and hour laws by “independent business operator” employees against defendant manufacturers and distributors of snack foods for alleged failure to pay minimum wage and overtime compensation, and alleged illegal wage deductions)

Cardenas v. Spinnaker Resorts, Inc., No. 9:18-cv-00761 (D.S.C. March 20, 2018) (putative class action brought under the Telephone Consumer Protection Act against defendant which markets vacation timeshares in South Carolina, Missouri, and Florida, for allegedly placing telephone calls to consumers registered on the “do not call registry”)

Cunningham v. Laboratory Corp. of Am. Holdings, No. 1:18-cv-00224 (M.D.N.C. March 19, 2018) (putative class action alleging LabCorp violated the Telephone Consumer Protection Act by placing multiple prerecorded telephone calls to plaintiffs without prior consent)

Siciliano, et al. v. Telstar Cable Commc’ns, Inc., et al., No. 4:18-cv-00653 (D.S.C. March 8, 2018) (purported collective and class action brought under FLSA by cable installers alleging defendants failed to pay them overtime and paid less than minimum wage for some work performed)

Whaley v. Owl, Inc., No. 4:18-cv-00046 (E.D.N.C. March 6, 2018) (putative collective and class action alleging defendant transportation company failed to pay non-emergency medical transportation drivers overtime in violation of state and federal wage and hour laws)

Brumfield v. Kindred Healthcare, Inc. et al., No. 2:18-cv-00591 (D.S.C. March 1, 2018) (purported collective action brought under FLSA by home health licensed nurses and physical therapist assistants alleging defendants failed to pay them overtime for required work activities beyond the “in-home” visits, including travel time, time spent transporting samples to labs, and time spent delivering medical supplies to patients)

Pontones v. Los Tres Magueyes, Inc., et al., No. 5:18-cv-00087 (E.D.N.C. March 1, 2018) (collective and class action alleging defendant restaurant took unauthorized wage deductions and failed to pay servers and food runners minimum wage and overtime)

Recent Filings – February 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 February filings:

Burrell, et al. v. Gustech Commc’ns, LLC, No. 0:18-cv-00508 (D.S.C. February 21, 2018) (purported collective and class action brought under federal and state wage and hour laws alleging defendant misclassified satellite technicians as independent contractors and failed to pay overtime and minimum wages)

In re: Broiler Chicken Grower Litigation, No. 4:18-cv-00030 (E.D.N.C. February 21, 2018) (putative class action brought by broiler chicken growers alleging the vertically-integrated poultry company defendants, including Koch Foods and Sanderson Farms, violated the Sherman Antitrust Act and the Packers and Stockyards Act by entering into agreements among themselves not to compete for certain services thereby fixing, maintaining and/or stabilizing grower compensation below competitive levels)

Lanza v. Arana Stone, LLC, et al.; No. 5:18-cv-00066 (E.D.N.C. February 20, 2018) (purported collective and class action brought under federal and state wage and hour laws alleging defendant misclassified stonemasons as independent contractors, failed to pay overtime wages, and violated statutory recordkeeping requirements)

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)

Recent Filings – December 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 December filings:

Hicks, et al. v. Houston Baptist University, No. 5:17-cv-00629 (E.D.N.C. December 20, 2017) (putative class action brought under the Telephone Consumer Protection Act against Houston Baptist University for alleged solicitation of consumers for college classes via telephone calls using an automated telephone dialing system)

Martinez, et al. v. Alpha Technologies Services, Inc., et al., No. 5:17-cv-00628 (E.D.N.C. December 20, 2017) (putative collective and class action brought under federal and state wage and hour laws by plaintiffs who were employed to build a solar farm in Hope Mills, N.C., alleging defendants misclassified them as independent contractors, did not pay overtime compensation, made unlawful wage deductions and violated other wage and hour laws)

TJF Services, Inc., et al. v. Transportation Media, Inc., d/b/a Bench Craft Company, No. 5:17-cv-00626 (E.D.N.C. December 19, 2017) (putative class action alleging a sports advertising agency violated the N.C. Unfair and Deceptive Trade Practices Act by accepting payments from small businesses for ads which were never placed in golf course guides and subsequently charging the businesses’ credit cards without authorization)

Recent Filings – November 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 November’s filings:

Fox, et al. v. SCANA Corporation, et al.; No. 3:17-cv-03063 (D.S.C. November 10, 2017) (previously reported similar action brought by customers of SCANA: this putative class action is brought under federal securities laws by holders of securities of SCANA who allege defendant released false and misleading documents and statements regarding a nuclear construction project in Fairfield County thereby causing them financial harm)

Ridgeway, et al. v. Planet Pizza 2016, Inc., et al.; No. 3:17-cv-03064 (D.S.C. November 10, 2017) (putative collective and class action brought by employees of Planet Pizza 2016 under federal and state wage and hours laws alleging defendant took improper tip credits, failed to pay wages promised, failed to pay overtime compensation and generally violated these and other rights under wage and hour laws)

Williamson, et al. v. South Shor, Inc. d/b/a The Peddler Steakhouse, et al., No. 4:17-cv-03026 (D.S.C. November 7, 2017) (putative collective and class action brought under federal and state wage and hour laws brought by servers at The Peddler Steakhouse, alleging defendant improperly applied a “tip credit” to servers’ wages, has required servers to give a percentage of their tips back to the restaurant, and generally has maintained a policy and practice of underpaying servers)

Knothe v. Toyota Motor Sales, U.S.A., Inc., No. 2:17-cv-02987 (D.S.C. November 3, 2017) (putative class action brought by owners of automobiles with alleged defective dashboards who state Toyota was dismissed from previous related federal litigation in South Carolina based on a promise of voluntary and comprehensive warranty coverage, but Toyota did not commence the program with adequate parts and additionally permitted such service at only authorized dealers thereby leaving owners without relief)

Miriyala, et al. v. Novan, Inc., et al., No. 1:17-cv-00999 (M.D.N.C. November 3, 2017) (putative class action brought under federal securities laws by purchasers of stock of Novan, a clinical-stage drug development company, alleging defendant made materially false and misleading statements in offering documents regarding various trials during the fall of 2016 and winter of 2017 thereby causing shareholders to have significant damages)

Allman, et al. v. Taishan Gypsum Co., Ltd. f/k/a Shandong Taihe Dongxin Co., Ltd., et al., No. 2:17-cv-00051 (E.D.N.C. November 2, 2017) (putative class action brought by purchasers of drywall manufactured and distributed by defendants, alleging sulfur compounds exited the drywall and caused damage to personal property such as blackening and break down of air conditioning, faucets, wiring and other metal surfaces)

Koepplinger, et al. v. Seterus, Inc., No. 1:17-cv-00995 (M.D.N.C. November 2, 2017) (putative class action brought under federal and state consumer protection laws by mortgage borrowers against Seterus, a debt collection agency, alleging Seterus sent form letters claiming borrowers were in default on their mortgages and failure to pay all arrearages would result in immediate acceleration of their loan)