Class Actions Brief Blog

Today we continue our analysis of Judge Gorsuch’s class action opinions from the Tenth Circuit in an effort to better understand how he may rule if confirmed for the Supreme Court. Last week, we examined Judge Gorsuch’s decision in Shook v. Board of County Commissioners, and we will take up his remaining class action opinions below.

McClendon v. City of Albuquerque, 630 F.3d 1288 (10th Cir. 2011)

In McClendon v. City of Albuquerque, decided three years after Shook, Judge Gorsuch again demonstrates judicial restraint. In McClendon, prisoners brought a class action against the ...

Not 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:

Watson v. McDonald, No. 15-1715 (4th Cir. June 30, 2015) (docketing appeal from Order dismissing putative class action alleging that the Department of Veterans Affairs mishandled patient records; district court held that the putative class’s alleged injury—an increased risk of identity theft—was too speculative to confer standing).

Romano v. 3D Systems Corporation, No. 0:15-cv-2518 (D.S.C. June 23, 2015) (asserting class action on ...

Not 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:

Guzman v. Diamond Candles LLC, 1:15-cv-422 (M.D.N.C. May 29, 2015) (asserting unfair and deceptive trade practice and unjust enrichment claims on behalf of purchasers of defendant’s candles related to defendant’s alleged “illegal lottery scheme,” which involved selling candles with a ring – possibly worth $5,000 – hidden inside).

Cecil v. Hinshaw, 1:15-cv-409 (M.D.N.C. May 22, 2015) (asserting class action on behalf of the ...

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

Equifax Information Services v. Soutter, No. 15-172 (4th Cir. Apr. 30, 2015) (petitioning to appeal under Rule 23(f) from Order certifying class in class action regarding Equifax’s alleged violations of the Fair Credit Reporting Act).

Western Pennsylvania Electrical Employees Pension Fund v. Tonnesen, No. 15-1468 (4th Cir. Apr. 30, 2015) (docketing appeal from Order dismissing putative class action brought on behalf of purchasers of Triad ...

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

Duckworth v. Lumber Liquidators, Inc., No. 5:15-cv-42 (W.D.N.C. Mar. 31, 2015) (asserting statewide class action for purported defects in Lumber Liquidators’ Chinese wood flooring). This is the first North Carolina case involving Lumber Liquidators’ allegedly defective flooring, which is already the subject of the Green, White, Sahn, and Watson cases in South Carolina.

Parker v. A Backyard Creation, LLC, No. 4:15-cv-1389 (D.S.C. Mar ...

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

McCants v. The Nat’l Collegiate Athletic Ass’n, No. 1:15-cv-00176 (M.D.N.C. Feb. 27, 2015) (removal of class action brought on behalf of University of North Carolina at Chapel Hill student athletes who enrolled in putative “sham paper classes” from 1989 to 2011, alleging negligence and breaches of fiduciary duty, implied contract, and implied covenant of good faith and fair dealing against the NCAA and UNC). The 100-page complaint

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:

Stinnett v. Beachbody Fitness & Bootcamps, LLC, No. 4:15-cv-00432 (D.S.C. Jan. 29, 2015) (collective action brought by personal trainer alleging minimum wage and overtime violations of the Fair Labor Standards Act and the South Carolina Payment of Wages Act).

Dlyedy Inc. v. Church & Dwight Co., No. 15-cv-00131 (Wake Cnty. N.C. Super. Ct. Jan. 28, 2015) (pro se class action alleging myriad claims related to Arm and Hammer baking soda being used as a ...

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 ...

Not 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:

Foster v. M5 Hospitality Group, LLC, No. 4:14-cv-04517 (D.S.C. Nov. 25, 2014) (alleging violations of the Fair Labor Standards Act and S.C. Payment of Wages Act for unpaid overtime and minimum wages based, in part, on alleged tip pool violations at the Good Time Charley’s restaurant in Myrtle Beach).

Di Biase v. SPX Corp., No. 3:14-cv-00656 (Nov. 25, 2014 W.D.N.C.) (alleging breach of settlement agreements and ERISA violations for announced ...

Not 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:

Ringel v. Care Improvement Plus Group Management, LLC, No. 7:14-cv-04232 (D.S.C. Oct. 30, 2014) (alleging breach of contract against health care administrator on behalf of class of medical providers who had reimbursements for treating Medicare Advantage Plan recipients erroneously coded as services at skilled nursing facilities instead of services at medical practitioner’s office).

Jones v. Dancel, No. 14-2160 (4th Cir. Oct. 28, 2014)

Not 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:

CFRE, LLC v. Adkins, No. 8:14-cv-03825 (D.S.C. Sept. 30, 2014) (alleging due process and other constitutional violations for unlawful property assessments in 2010; purported class includes all owners of Greenville County property during the 2010 assessment).

Berry v. Schulman, No. 14-2006 (4th Cir. Sept. 24, 2014) (notice of appeal by interested party Adam Schulman of the order and memorandum opinion approving a 200 million member ...

Not 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:

Pohutsky v. Pella Corp., No. 2:14-cv-03491 (D.S.C. Aug. 29, 2014) (case transferred to MDL from U.S. District Court for the District of Maryland).

Dineen v. Pella Corp., No. 2:14-cv-03479 (D.S.C. Aug. 28, 2014) (case transferred to MDL from U.S. District Court for the Middle District of Florida).

Aldrich v. Convergent Outsourcing, Inc., No. 7:14-cv-03456 (D.S.C. Aug. 27, 2014) (alleging violations of the federal Fair Debt Collection Practices ...

Not 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:

Billioni v. Bryant, No. 0:14-cv-03060 (D.S.C. July 31, 2014) (alleging collective action for unpaid overtime in violation of the Fair Labor Standards Act and individual claims under the First and Fourteenth Amendments, the South Carolina whistleblower statute and for retaliation and wrongful termination from the York County Detention Center).

Home Loan Center v. Dijkstra, No. 14-386 (4th Cir. July 31, 2014) (appeal from U.S. District Court for ...

Not 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:

Smith v. Air Methods Corp., No. 9:14-cv-02587 (D.S.C. June 26, 2014) (alleging exorbitant and unconscionable charge for medical air transportation). Plaintiff’s purported class consists of “those who find themselves in need of medical attention” (para. 18) and “have been charged an unreasonable fee” for medical air transportation (para 34). This case was originally filed in Jasper County on May 15, 2014.

Oliver v. FirstPoint, Inc.

Not 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:

Harding v. The Pantry, Inc., No. 2:14-cv-02096 (May 30, 2014) (alleging violation of the Fair Labor Standards Act for wrongly classifying store managers as exempt and failing to pay overtime wages).  The case was originally filed in the Charleston County Court of Common Pleas on April 25, 2014.

Fitzhenry v. Lowe’s Cos., No. 2:14-cv-02081 (May 29, 2014) (alleging violation of the Telephone Consumer Protection Act by Lowe’s and GE Capital Retail ...

In Johnson v. Amazon.com dedc LLC, No. 3:14-cv-01797 (D.S.C. May 2, 2014), seven South Carolina Amazon warehouse workers sued Amazon on behalf of themselves and similarly situated employees alleging unpaid overtime in violation of the Fair Labor Standards Act (“FLSA”) at Amazon’s fulfillment centers in West Columbia and Spartanburg. Plaintiffs allege that they should be compensated for time spent going through “intensive and time-consuming security screening” to enter and exit the fulfillment centers (Compl. ¶35) and for similar security procedures at the start ...

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

Graham v. Papa John’s USA, Inc., No. 14-cvs-7700 (Meck. County Apr. 25, 2014) (tort claims arising from alleged infections caused by restaurant worker with Hepatitis A).

Reed v. Big Water Resort, No. 2:14-cv-01583 (D.S.C. Apr. 22, 2014) (alleged “scheme to solicit millions of dollars from over a thousand people in exchange for the sale of nearly worthless memberships in the Big Water Resort,” located in Clarendon County).

Knight v. Pella ...

In recent companion decisions, the North Carolina Court of Appeals had to decide whether a governing North Carolina Supreme Court decision concerning class actions had to yield to a decision of the United States Supreme Court.

A contract is generally governed by state law, but when that contract includes an arbitration clause, the provisions of the Federal Arbitration Act come into play. The United States Supreme Court has wrestled with the intersection of the arbitration-friendly FAA and state law contractual defenses against contractual enforcement – like ...