Class Actions Brief Blog

When a class action is filed in state court, most defendants first evaluate whether the case can be removed to federal court. The Class Action Fairness Act (CAFA) offers a broader avenue to remove cases to federal court than traditional diversity jurisdiction. Removal under CAFA is permissible if (1) the amount in controversy exceeds $5,000,000 (which can include treble and punitive damages), (2) there are 100 or more putative class members, and (3) any class member is a citizen of a different state from any defendant.

But what happens if a defendant removes a case to federal court under ...

There are 7 justices on the North Carolina Supreme Court, and 4 are required to constitute a quorum. But what if 5 of the 7 justices have a family history of public service that could prevent them from hearing an appeal?

In Lake v. State Health Plan for Teachers & State Employees, 852 S.E.2d 888 (N.C. 2021), a class of over 220,000 members (or their estates) of the North Carolina Teachers’ and State Employees’ Retirement System spanning over two decades challenged a law requiring them to pay a premium to obtain health insurance coverage. The retirees prevailed at the trial court level ...

Brumfield v. Kindred Healthcare, Inc. is a putative collective action brought under the Fair Labor Standards Act 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. Four additional people elected to “opt-in” to the case and join the collective action, including Andrew Tyler, who worked in South Carolina.

Defendant Kindred ...

We often report in our monthly digests on cases asserting claims under the federal Fair Labor Standards Act (FLSA) and state wage and hour laws. These cases generally involve claims that a company, often a restaurant or delivery service company, failed to pay overtime, used an improper “tip pool,” or treated workers as independent contractors, not employees. Resolving these cases can become complicated because they involve both a collective action and a class action.

Claims asserted under the FLSA are considered collective actions, not class actions. Collective actions ...

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 ...

Dish Network has asked the Middle District of North Carolina for a new trial in its telemarketing class action lawsuit after a jury found Dish liable for violations of the Telephone Consumer Protection Act. After a five-day trial ending on January 19th, a jury awarded damages to the class of $20.5 million.

The lawsuit was filed in 2014 by lead plaintiff Thomas Krakauer alleging Satellite Systems Network, an authorized Dish dealer, called him multiple times between 2009 and 2011 despite being listed on the Do Not Call registry. In September 2015, Judge Catherine Eagles certified two ...

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 ...

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

Hughes v. Bank of America N.A., No. 7:15-cv-05083 (D.S.C. December 30, 2015) (notice of removal of class action on behalf of borrowers alleging that Bank of America enrolled borrowers in and charged borrowers for an insurance protection plan without the borrowers’ consent in violation of the Truth in Lending Act and state law).

Hall v. Higher One Machines Inc., et. al., No. 5:15-cv-00670 (E.D.N.C. December 28, 2015) (asserting Fair Labor ...

Vinson v. Volkswagen Group of America Inc., No. 1:15-cv-00213 (W.D.N.C. September 23, 2015), a case filed this Wednesday in the Western District of North Carolina, is one of at least twenty-five class actions filed against Volkswagen in courts across the country this week. In addition, at least 27 state attorneys general have launched a multi-state investigation into the German automaker’s 2.0-liter diesel vehicles.

The Plaintiffs in the WDNC case, as in the other actions, allege that Volkswagen intentionally defrauded the EPA and consumers by installing a “defeat ...

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

Mateo-Evangelio v. Triple J Produce Inc., No. 4:14-cv-00240 (E.D.N.C. Dec. 31, 2014) (agricultural and produce packing employees alleging violation of the Fair Labor Standards Act, North Carolina Wage and Hour Act, and Migrant and Seasonal Agricultural Worker Protection Act for unpaid wages and overtime).

Velazquez v. Burch Equipment LLC., No. 4:14-cv-00241 (E.D.N.C. Dec. 31, 2014) (agricultural employees alleging violation of the Fair ...