Class Actions Brief Blog

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of January's filings:

Hieber v. The Asset Recovery Group, LLC, et al., No. 3:17-cv-00214 (D.S.C. January 24, 2017) (putative class action brought on behalf of consumers residing in South Carolina alleging violations of the Fair Debt Collection Practices Act).

Hart v. Barbeque Integrated., No. 2:17-cv-00227 (D.S.C. January 24, 2017) (collective and class action alleging defendant restaurant failed to pay tipped employees minimum wage and overtime compensation ...

On Friday, the United States Supreme Court granted three petitions for certiorari to determine a quickly developing circuit split. The question before the Court is whether the National Labor Relations Board is correct in its interpretation that class action waiver provisions in certain employment arbitration agreements are illegal under federal labor law. Since 2011, when the U.S. Supreme Court permitted such waivers in AT&T Mobility LLC v. Concepcion, employers have relied upon them to require that disputes be resolved through individual arbitration. The NLRB over the past ...

As we explained in Part 1 of our analysis of Fisher v. Flue-Cured Tobacco Cooperative Stabilization Corporation, the North Carolina Supreme Court recently exercised jurisdiction over an interlocutory appeal and affirmed the certification of a class of hundreds of thousands of current and former tobacco farmers. In the first part, we discussed the Court’s jurisdictional analysis and North Carolina’s unique approach to interlocutory appeals of class certification orders. In this post, we discuss the Court’s substantive analysis of the class certification issues.

The ...