All posts by Amanda Pickens

Recent Filings – August Digest

View Amanda Pickens’ 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 August’s filings:

Clark, et al. v. Harrah’s NC Casino Company, LLC, et al.; No. 1:17-cv-00240 (W.D.N.C. August 31, 2017) (purported collective and class action brought under federal and state wage and hour laws by “gaming floor employees” alleging defendants violated these laws by failing to pay regular wage and overtime compensation by requiring them to perform work during their meal breaks.)

Dibble, et al. v. Williams & Fudge, Inc., et al.; No. 0:17-cv-02351 (D.S.C. August 31, 2017 ) (purported class action brought under the FDCPA by consumers in the state of Wyoming who allege the defendant collection agency company sent collection letters attempting to charge a fee for debit/credit card payments made to a community college.)

Payne, et al. v. Amazon.com, Inc.; No. 2:17-cv-02313 (D.S.C. August 29, 2017) (purported class action brought under federal and state unfair trade practice, consumer protection, and products liability laws alleging the “Eclipse Glasses” sold by Amazon were defective and dangerous and the recall issued by Amazon was “too little” as well as “too late”.)

Butler, et al. v. Fluor Corporation, et al.; No. 0:17-cv-02201 (D.S.C. August 18, 2017) (one of two putative class lawsuits brought under the federal Worker Adjustment and Retraining Notification Act by former employees of defendants alleging they were terminated on July 31, 2017 without cause and without 60 days’ advance written notice as required by the Act. The other previously reported case is: Pennington, et al. v. Fluor Corporation, et al.; No. 0:17-cv-02094 (D.S.C. August 8, 2017).)

Roskopf, et al. v. Park Sterling Corporation, et al.; No. 3:17-cv-00483 (W.D.N.C. August 14, 2017) (purported class action brought by shareholders of Park Sterling Bank against the bank and its directors alleging a false and misleading registration statement was filed with the SEC regarding its proposed merger with South State Bank.)

Moseman, et al. v. U.S. Bank N.A.; No. 3:17-cv-00481 (W.D.N.C. August 14, 2017 ) (purported collective and class action brought under federal and state wage and hour laws by plaintiffs, who were preliminary investigators researching accounts highlighted for suspicious activity, alleging defendants failed to pay overtime compensation for work in excess of 40 hours a week.)

Fokes, et al. v. AARGON Collection Agency, et al.; No. 2:17-cv-2121 (D.S.C. August 10, 2017) (purported class action brought under the Fair Debt Collections Practices Act by South Carolina residents alleging defendants used false and misleading representations in collection letters in order to collect a higher debt than was actually owed.)

Pennington, et al. v. Fluor Corporation, et al.; No. 0:17-cv-02094 (D.S.C. August 8, 2017) (purported class action brought under the federal Worker Adjustment and Retraining Notification Act by former employees of defendants alleging they were terminated on July 31, 2017 without cause and without 60 days’ advance written notice as required by the Act.)

Bright, et al. v. Taishan Gypsum Co., Ltd., et al.; No. 2:17-cv-00035 (E.D.N.C. August 1, 2017) (one of two purported class actions brought under various state consumer products acts by real property owners who allege the various defendants designed, manufactured, or generally sold and marketed defective Chinese manufactured drywall that contained compounds which caused damage to the plaintiffs and their property. The second case is: DeOliveira, et al. v. Taishan Gypsum Co., Ltd.; No. 4:17-cv-02019 (D.S.C. August 1, 2017).)

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Recent Filings – July Digest

View Amanda Pickens’ 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 July’s filings:

Prince, et al. v. Perfect Delivery, Inc., et al.; No. 8:17-cv-01950 (D.S.C. July 24, 2017) (purported collective and class action brought by delivery drivers against defendants, which operate Papa John’s franchises in North and South Carolina, alleging defendants used flawed methods to determine reimbursement rates for the drivers who used their own vehicles for delivery, thereby causing their wages to fall below federal minimum wage standards under FLSA.)

Prescott, et al. v. Morgreen Solar Solutions, LLC, et al.; No. 5:17-cv-00365 (E.D.N.C. July 21, 2017) (purported collective and class action brought by employees who allege they were misclassified by defendants as independent contractors and were thereby not properly compensated under federal and state wage and hour laws for time worked including failure to pay minimum wage and overtime compensation.)

Prescott, et al. v. Morgreen Solar Solutions, LLC, et al.; No. 5:17-cv-00365 (E.D.N.C. July 21, 2017) (purported collective and class action brought by employees who allege they were misclassified by defendants as independent contractors and defendants thereby failed to pay minimum wage and overtime compensation for time worked under federal and state wage and hour laws.)

Parshall, et al. v. ASB Bancorp, Inc., et al.; No. 1:17-cv-00194 (W.D.N.C. July 19, 2017) (purported class action brought by shareholders of ASB Bancorp, Inc. against it and its board of directors alleging a false and misleading registration statement was filed regarding a proposed merger with First Bancorp and seeking to enjoin defendants from closing the transaction, or, if consummated, rescinding it or setting it aside.)

Jones, et al. v. Chicago Bridge & Iron Company; No. 3:17-cv-00424 (W.D.N.C. July 18, 2017) (purported collective and class action brought under federal and state wage and hour laws by employees who were assigned to work under the “9/80” pay plan but were allegedly denied overtime compensation and other lawful pay due under that plan.)

Bushansky, et al. Capital Bank Financial Corp., et al.; No. 3:17-cv-00422 (W.D.N.C. July 17, 2017) (one of three putative class action lawsuits brought by shareholders of Capital Bank Financial Corp. under federal securities laws against the Bank and its board of directors alleging defendants failed to disclose material information related to its proposed merger with First Horizon National Corporation and seeking to enjoin the upcoming shareholder vote. The other two cases are: Parshall v. Capital Bank Financial Corp., et al.; No. 3:17-cv-00428 (W.D.N.C. July 19, 2017) and McNamara v. Capital Bank Financial Corp., et al.; No. 3:17-cv-00439 (W.D.N.C. July 25, 2017).)

Rubin, et al. v. ABS Bancorp, Inc.; No. 1:17-cv-00185 (W.D.N.C. July 14, 2017) (putative class action brought by shareholders of ASB Bancorp, Inc. under federal securities laws alleging defendants failed to provide a full disclosure of material information relating to a proposed merger with First Bancorp. and are attempting to enjoin an upcoming shareholder vote.)

Matthews, et al. v. Hyatt Corporation; No. 3:17-cv-00413 (W.D.N.C. July 14, 2017) (purported collective and class action brought by hourly at-home call center employees under federal and state wage and hour laws alleging defendant failed to pay pre-shift, mid-shift and post-shift time the employees spent conducting required tasks for their jobs.)

 

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Recent Filings – June Digest

View Amanda Pickens’ 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 June’s filings:

Lopez, et al. v. Ham Farm, LLC et al., No. 2:14-cv-00030 (E.D.N.C. June 30, 2017) (purported collective and class action brought under FLSA and state wage and hour laws by migrant agricultural workers against sweet potato farm to recover allegedly unpaid minimum wages and overtime compensation).

Sneed, et al. v. Reynolds American Inc., et al., No. 1:17-cv-00584 (M.D.N.C. June 26, 2017) (putative class action asserting securities violations against defendant Reynolds American Inc. for filing an alleged false proxy statement with the SEC regarding a proposed merger with British American Tobacco p.l.c.)

Sommerville, et al. v. Bojangles’ Restaurants, Inc., et al., No. 1:17-cv-00565 (M.D.N.C. June 21, 2017) (purported class action and collective action brought by former and current employees to recover allegedly unpaid minimum wages and overtime compensation under the FLSA.)

Farrow Road Dental Group, P.A., et al. v. AT&T, Corp, et al., No. 3:17-cv-01615 (D.S.C. June 20, 2017) (putative class action removed from South Carolina state court to federal court alleging defendants violated the Telephone Communications Act of 1996 by failing to properly “port” the telephone numbers of the plaintiff which is a dental office, thereby causing existing and potential patients to receive an automated message that the numbers were disconnected and causing financial harm to plaintiff.)

Drew, et al. v. Reynolds American Inc., et al., No. 1:17-cv-00547 (M.D.N.C. June 16, 2017) (putative class action brought on behalf of shareholders of defendant Reynolds American Inc., and its officers and directors, asserting securities violations for filing an alleged materially incomplete and misleading proxy statement with the SEC in advance of a July 2017 special meeting regarding a proposed merger with British American Tobacco p.l.c.)

Parshall, et al. v. HCSB Financial Corporation, et al., No. 4:17-cv-1589 (D.S.C. June 16, 2017) (putative class action brought by shareholders of Defendant HCSB Financial Corporation, which is a bank holding company, for alleged violation of the Securities and Exchange Act through filing of a false and misleading registration statement in May of 2017 regarding merger with United Community Banks, Inc.)

Koerner, et al. v. Ocean Club Vacations, LLC, No. 4:17-cv-01566 (D.S.C. June 15, 2017) (putative class action alleging defendant Ocean Club Vacations, LLC violated the South Carolina Vacation Time Sharing Plans Act by selling timeshare interests in an estate located on Horry County, South Carolina that do not conform to the Act thereby harming plaintiffs financially.)

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Recent Filings – May Digest

View Amanda Pickens’ 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 May’s filings:

Kasprzyk, et al. v. Hilton Grand Vacations Company, LLC, et al., No. 4:17-cv-01393 (D.S.C. May 26, 2017) (purported collective and class action brought under FLSA alleging defendants deducted wages, straight time and overtime pay from commissions earned.)

Berg, et al. v. Span-America Medical Systems, Inc., et al., No. 6:17-cv-01399 (D.S.C. May 26, 2017) (putative class action alleging defendants, who entered into an agreement and plan of merger in early May 2017, filed a solicitation statement that contained false and misleading information and omitted material information thereby violating federal securities laws.)

Giles, et al. v. BNC Bancorp, et al., No. 1:17-cv-00482 (M.D.N.C. May 25, 2017) (putative class action on behalf of shareholders of defendant BNC Bancorp, a publicly traded bank holding company, and its officers and directors, asserting securities violations for failing to disclose material information through incomplete and misleading proxy statements in advance of a proposed merger with Pinnacle Financial Partners, Inc.)

Pill, et al. v. Span-America Medical Systems, Inc., No. 6:17-cv-01375 (D.S.C. May 25, 2017) (putative class action alleging defendants Span-America Medical Systems and Savaris (SC), Inc., who manufacture various products for the medical market, entered into a flawed sales process in early May 2017 which favored Salvaria at the expense of Span’s shareholders, thereby alleging violation of federal and state securities laws.)

Porter, et al. v. Span-America Medical Systems, Inc., No. 6:17-cv-01357 (D.S.C. May 25, 2017) (putative class action alleging defendants entered into an agreement/plan of merger in early May 2017 which is materially deficient regarding financial projections and potential conflicts of interest regarding various managers and directors in violation of federal and state securities laws.)

Gagliastre, et al. v. Capt. George’s Seafood Restaurants, LP, et al., No. 4:17-cv-01308 (D.S.C. May 19, 2017) (putative class action and collective action alleging defendants, who own seafood buffet restaurants, misappropriated tips, required servers to work off the clock and otherwise failed to pay overtime compensation to employees under FLSA and state wage and hour laws.)

Salvo, et al. v. NightCap Inc. Food & Spirits, et al., No. 2:17-cv-01266 (D.S.C. May 17, 2017) (putative class action and collective action brought by servers, bartenders and other “tipped workers” alleging defendants failed to pay compensation due under FLSA and state wage and hour laws seeking to recover minimum wages, unlawful deductions and other wages due to employees.)

Christian, et al. v. TOWERCOMM, LLC, No. 5:17-cv-00223 (E.D.N.C. May 9, 2017) (putative class action and collective action brought by employees of defendant who were tower technicians performing maintenance, repair and installation and allege they were not paid overtime compensation that was due under FLSA and state wage and hour laws.)

Walton v. Maury Cobb & Associates, LLC, et al., No. 5:17-cv-00209 (E.D.N.C. May 2, 2017) (putative class action brought under federal consumer protection laws on behalf of consumers residing in North Carolina alleging defendants sent collection letters with original creditor information which was false and/or misleading.)

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Follow Up – Dish Network Denied New Trial and Slapped with Trebled Damages of $61 Million

View Amanda Pickens’ Complete Bio at robinsonbradshaw.com Today we provide you with an update on a previous blog post addressing Dish Network’s plea for a new trial after a jury awarded damages of $20.5 Million in a telemarketing class action lawsuit. After a five-day trial in January, a jury awarded damages by assigning $400.00 to each of the 51,119 distinct phone calls made in violation of the Telephone Consumer Protection Act (the “TCPA”).

Although Dish hoped for a new trial, Judge Eagles issued a text order denying Dish’s Motion for Judgment as a Matter of Law and Motion for a New Trial on May 16, 2017.

After the jury verdict, both parties submitted written closing arguments to the Court on whether Dish willfully violated the TCPA. Dish argued the Plaintiffs should not be entitled to treble damages because Dish complied with TCPA, had a business interest in preventing unwanted telemarketing calls, believed Satellite Systems Network (“SSN,” Dish’s terminated marketing retailer) complied with the TCPA, instructed SSN to scrub its call list against the National Do-Not-Call Registry and not to call the named plaintiff, received almost no complaints during the class period, and had no actual knowledge that SSN was not adhering to the applicable telemarketing laws during the class period.

In an order issued yesterday, Judge Eagles rejected Dish’s arguments and awarded treble damages, stating Dish “did nothing to monitor, much less enforce” SSN’s compliance with telemarketing laws, and it “repeatedly looked the other way” when it learned of SSN’s noncompliance.

Specifically, Judge Eagles found that Dish’s contracts with SSN gave it “virtually unlimited rights” to monitor and control SSN’s telemarketing efforts. And, although Dish was committed to monitoring SSN’s compliance on paper, in reality, it ignored SSN’s violations of telemarketing laws. When SSN received a customer complaint, it would send the complaint to Dish and wait for instruction. Dish disclaimed responsibility for any customer complaint and shifted blame to SSN, while making no effort to determine whether SSN was actually complying with the TCPA. According to the opinion, Dish also ignored several customer complaints about SSN between 2004 and 2010, and it was aware of three lawsuits against the telemarketer resulting in injunctive relief and monetary damages. Despite having actual knowledge of customer complaints and lawsuits, Dish continued its relationship with SSN, allowing SSN to market and sell Dish’s products. Dish did not restrict SSN’s authority to act on its behalf, and it never conducted an investigation to determine if SSN had solved its compliance problems.

The Court held Dish responsible for any willful or knowing violations of the TCPA by SSN because the jury found (and the Court agreed) that SSN was acting within the scope of its authority from Dish. The Court further held that even if Dish were not responsible for SSN’s violations, the result would be the same, because Dish willfully violated the TCPA. According to the opinion, Dish knew SSN had committed many TCPA violations, but it did nothing. Dish received numerous customer complaints about SSN, and it knew of three lawsuits alleging violations of the TCPA. Dish knew SSN was not scrubbing its call list against the Do-Not-Call Registry, yet Dish made no effort to monitor SSN’s compliance with telemarketing laws. Ultimately, the Court held Dish “simply did not care whether SSN complied with the law or not.”

Judge Eagles concluded treble damages were appropriate in this case to deter Dish from future violations and to give appropriate weight to the scope of the TCPA violations. The Court trebled the jury’s award of $400.00 per call to $1,200 per call, totaling approximately $61 Million in damages.

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