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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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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)

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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)

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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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Recent Filings – September 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 September’s filings:

Carlin, et al. v. Hudson Seafood Corp., d/b/a Hudson’s Seafood House on the Docks, et al., No. 9:17-cv-02638 (D.S.C. September 29, 2017) (putative collective and class action brought under federal and state wage and hour employment laws by alleged nonexempt employees of defendants in Beaufort County who were allegedly paid less than minimum wage and also had a portion of their earned tips placed in a “tip pool”)

Delmater, et al. v. SCANA Corporation, et al., No. 3:17-cv-02563 (D.S.C. September 22, 2017) (putative class action brought by residents of South Carolina who are within the service area of defendant SCANA, a company that supplies electricity to residential, commercial and government customers, alleging that the defendant has violated the Racketeer Influenced and Corrupt Organizations Act as well as other federal and state laws, and has overcharged fees to customers relating to their construction of two nuclear reactors at a facility in Fairfield County)

Humble, et al. v. Harrah’s NC Casino Company, LLC, et al., No. 1:17-cv-00262 (W.D.N.C. September 18, 2017) (one of two purported collective and class actions 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. The other previously reported case is Clark, et al. v. Harrah’s NC Casino Company, LLC, et al., No. 1:17-cv-00240 (W.D.N.C. August 31, 2017))

Tate, et al. v. Equifax, Inc., No. 3:17-cv-00555 (W. D.N.C. September 18, 2017) (one of two putative 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. The other related case is Weaver, et al. v. Equifax, Inc., No. 1:17-cv-00268 (W.D.N.C. September 27, 2017))

Berg, et al. v. MaxPoint Interactive, et al., No. 5:17-cv-00469 (E.D.N.C. September 14, 2017) (putative class action brought by shareholders against MaxPoint Interactive, Inc. and its directors under federal securities laws alleging defendants filed a solicitation statement that was false and misleading regarding a proposed transaction in which MaxPoint will be acquired by Valassis Communications, Inc. and its affiliates)

McNeil, et al. v. Low Country Laundry & Dry Cleaning LLC, et al., No. 2:17-cv-02429 (D.S.C. September 10, 2017) (putative class action and purported collective action brought under FLSA and state wage and hour laws alleging defendants, who own and operate 3 full service dry cleaner and laundry service locations in Charleston, failed to pay plaintiffs for hours worked in excess of forty (40) hours per week, failed to compensate for time and a half of hourly wages, engaged in “time shaving,” and violated employment agreements in various other ways)

Stanford, et al. v. Aldous & Associates, PLLC, et al.; No. 5:17-cv-00444 (E.D.N.C. September 1, 2017)(purported class action brought under FDCPA by North Carolina residents who allege the defendant collection agency violated the Act by sending threatening delinquent balance letters in an attempt to collect debts owed to “Gold’s Gym” in Fayetteville and threatening collection fees if no payment came within a certain time period)

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