Class Actions Brief Blog

One of the key issues at class certification is whether plaintiffs have met their burden to establish commonality and predominance: that “questions of law or fact common to class members predominate over any questions affecting only individual members,” as required by Fed. R. Civ. P. 23(b)(3). Plaintiffs often rely on an expert model purporting to show that injury and damages can be determined classwide, so those issues do not defeat predominance.

A recent series of cases, most involving the insurance value of cars totaled in accidents, provide a useful reminder that, when a ...

On Aug. 18, the United States Court of Appeals for the Fourth Circuit issued an opinion in the long-running Marriott Data Breach MDL Litigation. The Fourth Circuit reversed a district court’s class certification decision, holding that the district court erred in certifying damages classes against the Marriott defendants without first addressing, as a threshold issue, the potential enforceability of a “class-action waiver” that could be applicable to all members of the putative class. The Court of Appeals also reversed the district court’s certification of issue ...

Think about the last class-action notice that you received. You might have thought, “This is sweet. I didn’t know anything was wrong with my dog food, but I can get $50 if I just fill out this form.”

There is a reason that we receive these mailings without having made a claim or knowing that anything is wrong: federal district courts routinely certify classes that include future claimants.

In a recent decision, however, a federal appellate court concluded that, in the notable circumstances of that case, the law barred certification of a class of future claimants.

What ...

Limiting exposure to future claims is a crucial aspect of settling class action litigation. A recent opinion out of the Northern District of Georgia serves as a reminder that the definitions of settlement classes and released claims in class action settlement agreements warrant close attention.

First, the background. In 2015, a customer filed a putative class action against LGE Community Credit Union, alleging that LGE improperly assessed overdraft fees based on accounts’ available balances instead of customers’ ledger balances, in violation of LGE’s standard member ...

Since March of this year, at least four purported class action lawsuits have been filed against universities, their affiliated athletic organizations, and the alleged operators of their athletic team websites, Sidearm Sports LLC and Learfield Communications LLC.

These cases allege that websites using Meta (Facebook) Pixel and other technology to monitor website traffic or activity violate the federal Video Privacy Protection Act and state and federal wiretapping statutes. An uptick of class action litigation under the VPPA began in 2022 with cases brought against a wide range ...

Class actions have long been difficult to certify in fraud cases.  But a recent district court decision in California takes a new approach that would make class certification in fraud cases the norm.  That decision is now on appeal to the Ninth Circuit, where Robinson Bradshaw filed an amicus brief on behalf of the Chamber of Commerce of the United States of America.  Our brief highlights the flaws in the district court’s decision and the damage that its approach to class certification would inflict on American businesses and the national economy.  This post summarizes our brief.

In DZ ...

Updated 8-16-22: StarKist and the other defendants filed their petition for certiorari in the Olean Wholesale Grocery case. A link to the Petition is here.

In September 2021 and again in June of this year, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s opinion following rehearing en banc. The defendants in Olean obtained a extension to file a certiorari petition with the Supreme Court through August 8, 2022, so the last word may not have been written in Olean.

On July 5, 2022, the Ninth Circuit issued another notable class ...

If you’re an Uber rider, you’re probably familiar with Uber’s requests that you rate your driver. It’s a five-star rating system. Five is the best. One is the worst.

As it turns out, those ratings are vitally important to Uber drivers. Uber requires its drivers to maintain a minimum star rating.

This post is about how that rating system prompted a class action on racial discrimination — and about what a recent decision in that case teaches about how to prove classwide discrimination.

In 2015, Uber drivers in San Diego had to maintain a rating of at least 4.6 stars. A San Diego Uber ...

Last September, we wrote about the Ninth Circuit’s opinion in Olean Wholesale Grocery v. Bumble Bee Foods and the court’s decision to rehear the case en banc.  The en banc Ninth Circuit has now waded back into the class certification waters, with mixed results for defendants.  While the en banc court tossed back the panel’s holding that the presence of more than a de minimis number of uninjured class members is fatal to certification, it also clarified certain procedural matters under Rule 23 that may lead to smoother sailing for defendants at the certification stage.

As we ...

A leading feature of the Supreme Court’s decision in Wal-Mart Stores Inc. v. Dukes is the “rigorous scrutiny” the trial court must apply to determine whether the evidence plaintiffs offer to support class certification meets the requirements of Rule 23. Following the Supreme Court’s decisions in Wal-Mart and Comcast, “[i]t is now indisputably the role of the district court to scrutinize the evidence before granting certification, even when doing so ‘requires inquiry into the merits of the claim.’” Rail Freight, 725 F.3d at 253 (D.C. Cir. 2013) (quoting Comcast ...

In order to have a class certified, the plaintiffs have the burden of proving to the satisfaction of the court, “after a rigorous analysis,” that they comply with Rule 23—that is, that “there are in fact sufficiently numerous parties, common questions of law or fact, etc.”  Wal-Mart Stores Inc. v. Dukes, 564 U.S. 338, 350-51 (2011) (internal quote omitted).  One of the findings required by Rule 23 is that common issues predominate, as discussed in last month’s blog post by Travis Hinman.  Predominance as to damages requires a showing that the members of a proposed class were ...

The extent to which the presence of uninjured class members may defeat class certification remains unsettled. While, standing alone, the existence of some uninjured class members may not be not fatal (depending on the circuit), just how many is too many to satisfy the predominance requirement of Rule 23(b)(3) is still in flux.

The Ninth Circuit waded into this debate earlier this year in Olean Wholesale Grocery Coop. Inc. v. Bumble Bee Foods LLC. Before the case made its way to the appellate court, the U.S. District Court for the Southern District of California certified three classes ...

Bankruptcy, like the class action, is a form of collective adjudication. It is usually regarded as an alternative to the class action, in which the rights of creditors (often in the hundreds, thousands, or even millions) against one or more debtors can be determined through special procedures that need not meet the requirements for class certification.

A recent decision, however, posed a variation on the traditional dichotomy: is the class action a viable remedy for redressing alleged violations of bankruptcy law by classes of debtors?

Putative Class Alleging Discharge ...

While Roundup herbicide may be able to kill unwanted weeds, Monsanto, the maker of Roundup, is having a much harder time weeding out unwanted lawsuits. Recent cases alleging Roundup caused cancer have resulted in verdicts of tens of millions of dollars per plaintiff. Now Monsanto’s attempt to round up future claims into a class action settlement is coming under renewed scrutiny.

The Roundup Multi-District Litigation (“MDL”)
In 2015, the World Health Organization designated the active ingredient in Roundup as probably carcinogenic. Since then—and despite the U.S ...

This post concerns a recurring topic in class-action practice: how a party—through its own litigation conduct—can waive its right to arbitrate.

The topic warrants attention, or at least came to our attention, because of a recent decision from a federal appellate court. The case, called Morgan v. Sundance, Inc., is a putative nationwide collective action filed under the Fair Labor Standards Act.

The defendant (Sundance) owns Taco Bell franchises in multiple states. The plaintiff (Robyn Morgan) worked at a Sundance restaurant in Iowa. She has accused Sundance of not paying her ...

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 ...

Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of Spring 2019's filings:

Chrismon v. Meadow Greens Pizza LLC, et al., No. 5:19-cv-155 (E.D.N.C. April 17, 2019) (purported collective and class action brought under FLSA and state wage and hour laws alleging defendant failed to pay delivery drivers for their delivery-related expenses)

Prioleau v. Ascension Data & Analytics LLC, No. 2:19-cv-1116 (D.S.C. April 16, 2019) (putative class action alleging defendant violated the Fair Credit Reporting Act by failing to ...

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:

Cavin v. Smith Debnam Narron Drake Saintsing & Myers, LLP, No. 1:18-cv-00995 (M.D.N.C. November 30, 2018) (putative class action alleging defendant sent misleading and deceptive collection letters stating “we assume this to be a valid debt” in violation of the Fair Debt Collection Practices Act)

Langley, et al. v. Smith Turf & Irrigation, LLC, et al., No. 3:18-cv-00619 (W.D.N.C. November 16, 2018) (putative collective action brought ...

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:

Milroy, et al. v. Bell Partners Inc., et al. (E.D.N.C. October 30, 2018) (removal of state court complaint to federal court alleging defendant property management company hired law firms to conduct eviction proceedings for a flat fee, and their attempt to collect court costs and attorneys’ fees from apartment tenants before such costs and fees were awarded violates the North Carolina Residential Rental Agreements Act, North Carolina Debt ...

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:

Edwards, et al. v. CSX Corp., et al., No. 7:18-cv-169 (E.D.N.C. September 24, 2018) (purported class action brought by Lumberton residents alleging CSX Corporation negligently maintained an underpass on the railroad’s property which allowed water to pour through gaps in the city’s levees, causing catastrophic flooding and damage to their homes during Hurricane Florence)

Grimes v. Gov’t Emps. Ins. Co. (GEICO), No. 1:18-cv-798 ...

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:

Wright v. Trak-1 Tech., Inc., No. 6:18-cv-02406 (D.S.C. August 30, 2018) (purported class action brought under the Fair Credit Reporting Act alleging defendant performed criminal background checks but failed to take reasonable measures to ensure the accuracy of those reports, thereby reporting false and incomplete information about consumers)

Manigo v. Metro-Tech Sys., Inc., et al., No. 3:18-cv-00479 (W.D.N.C. August 29, 2018) (purported ...

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:

Nelson v. Flagship Credit Acceptance, LLC, No. 3:18-cv-02074 (D.S.C. July 27, 2018) (putative class action alleging defendant vehicle loan servicing agency emailed collection information to hundreds of customers at the same time, revealing confidential customer information in violation of state privacy laws)

Planned Parenthood South Atlantic, et al. v. Joshua Baker, No. 2:18-cv-02078 (D.S.C. July 27, 2018) (putative class action against ...

We’ve commented before in this space about the ongoing debate concerning the relationship between the predominance requirement of Rule 23(b)(3) and “issue certification” under Rule 23(c)(4). Yesterday, the Sixth Circuit weighed in on the subject. See Martin v. Behr Dayton Thermal Prods., No. 17-3663 (6th Cir. July 16, 2018). The case related to a “Superfund site” comprising a “low income area” of some 540 proprieties outside of Dayton, Ohio. Typical of the languid track of most class action actions, the Sixth Circuit addressed the district court’s decision on an ...

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:

Buffkin, et al. v. Hooks, et al., No. 1:18-cv-00502 (M.D.N.C. June 15, 2018) (purported class action brought by incarcerated persons alleging they have been diagnosed with hepatitis C and the N.C. Dept. of Public Safety and its officials have refused to treat them in violation of the 8th Amendment’s prohibition of cruel and unusual punishment and the Americans with Disabilities Act)

Hajjaj, et al. v. Equifax Info. Servs., LLC, No. 3:18-cv-01637 ...

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:

Thibodeaux v. Credit Protection Ass’n, L.P., et al, No. 1:18-cv-00469 (M.D.N.C. May 31, 2018) and Thibodeaux v. Enhanced Recovery Company, LLC d/b/a ERC, et al., No. 1:18-cv-00470 (M.D.N.C. May 31, 2018) (purported class action alleging defendant debt collection agency sent misleading and deceptive communications to consumers in order to coerce payment with threat of credit report harm in violation of the Fair Debt Collection Practices Act)

Loyal readers may notice that Carolinas Class Action received a facelift and has been renamed Class Actions Brief. Given our experience with class actions across the country, we want to broaden the scope in order to report on cases outside the Carolinas. We hope you find this expansion both interesting and informative, and we welcome your feedback.

Thank you for reading,
Adam Doerr and David Wright
Editors

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:

Todd, et al. v. Norfolk Southern Corporation (D.S.C. April 23, 2018) (putative class action brought under the South Carolina General Railroad Law by land owners in Richland County who allege substantial property damage caused by heavy rains in October of 2015 due to the water course flow from a nearby creek being slowed/restricted by an embankment and train trestle that is owned, controlled and operated by Norfolk Southern)

Peters v. Carson ...

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 filings:

Fryett v. Equifax Info. Servs., LLC, No. 5:18-cv-00109 (E.D.N.C. March 23, 2018) (purported collective and class action brought under the Fair Credit Reporting Act against Equifax for alleged reporting of consumer civil judgment and lien information that is outdated and inaccurate)

Mode v. S-L Distrib. Co., LLC, et al., No. 3:18-cv-00150 (W.D.N.C. March 22, 2018) (purported collective and class action brought under FLSA and state wage and hour ...

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 filings:

Burrell, et al. v. Gustech Commc’ns, LLC, No. 0:18-cv-00508 (D.S.C. February 21, 2018) (purported collective and class action brought under federal and state wage and hour laws alleging defendant misclassified satellite technicians as independent contractors and failed to pay overtime and minimum wages)

In re: Broiler Chicken Grower Litigation, No. 4:18-cv-00030 (E.D.N.C. February 21, 2018) (putative class action brought by broiler ...

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 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 ...

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 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)

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: 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 ...

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:

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 ...

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:

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 ...

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:

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 ...

For what appears to have been a frivolous lawsuit, In re: Subway Footlong Sandwich Marketing and Sales Practices Litigation generated an interesting opinion from the Seventh Circuit full of class-action issues. The case originated when an Australian teenager posted a photo of an 11-inch Subway sandwich, with a tape measure, on his Facebook page. Coming in the midst of Subway’s $5 Footlongs^TM campaign, the picture went viral, and class-action cases were soon pending.

After early discovery showed that most “footlongs” were, in fact, 12 inches long, plaintiffs’ counsel ...

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:

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 ...

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:

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 ...

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:

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 ...

Class actions don’t work if the class representative has a conflict with the class he or she purportedly represents. As the United States Supreme Court noted over 70 years ago, “a selection of representatives for purposes of litigation, whose substantial interests are not necessarily or even probably the same as those whom they are deemed to represent, does not afford that protection to absent parties which due process requires.” Hansberry v. Lee, 311 U.S. 32, 45 (1940). A decision this week from Judge Higginson out of the Fifth Circuit provides an interesting commentary 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 April's filings:

Sanda, et al. v. Samsung Electronics America, Inc., et al., No. 6:17-cv-00988 (D.S.C. April 17, 2017) (putative class action brought under federal and various state consumer protection laws alleging defendants manufactured defective home washing machines that caused damage during normal usage and additionally had a flawed recall of this product.)

Krebs, et al. v. Charlotte School of Law, LLC, et al., (originally filed in M.D.N.C. on December ...

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:

Angeles-Gomez, et al. v. Rick Wolf Landscape, LLC, et al., No. 2:17-cv-00009 (E.D.N.C. March 31, 2017) (putative collective and class action brought under FLSA and state wage and hour laws by current and/or former employees of the defendant landscaping and lawn care business and its managing members for alleged unpaid overtime compensation).

Isaman, et al. v. Housekeeping Services of Hilton Head, LLC, et al., No. 9:17-cv-00800 (D.S.C. March 26 ...

Occasionally, we see something outside of the Carolinas that is quirky enough to merit a mention in this space.  Such is the Seventh Circuit’s recent decision in Mulvania v. Sheriff of Rock Island County, No. 16-1711 (7^th Cir. Mar. 9, 2017).  According to Wikipedia, “In 2015 Rock Island (Illinois) was ranked the 32nd ‘Best Small City’ in the country.”  Not influencing those rankings, apparently, was the policy of the Rock Island County Jail, which “requires female detainees to wear either white underwear or no underwear at all.”  What, you ask, might be the “compelling ...

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 February's filings:

Bradley, et al. v. Samsung Electronics, et al., No. 1:17-cv-00171 (M.D.N.C. February 28, 2017) (purported class action brought under various state consumer protection and trade practice laws alleging defendants manufactured home washing machines with a defect that caused explosion during normal use.)

Matthews, et al. v. TCL Communication Inc.,  No. 3:17-cv-00095 (W.D.N.C. February 27, 2017) (putative class action removed from ...

The nomination of Tenth Circuit Judge Neil M. Gorsuch for the Supreme Court has jurists and reporters forecasting how, if confirmed, he will rule in cases raising “hot” Constitutional issues. The “hot” question for those of us who litigate class actions is how Justice Gorsuch would engage the next landmark class action, especially since he would replace Justice Antonin Scalia on the Court, author of two of the most significant class action opinions in recent years, Comcast Corp. v. Behrend and Wal-Mart Stores v. Dukes.

We will be examining some of Judge Gorsuch’s ...

In this space, we concentrate on class action decisions in the Carolinas, as well as Fourth Circuit and United States Supreme Court precedent. Occasionally, though, we venture beyond these jurisdictions to highlight issues of particular note, including those where courts are divided. We’ve previously reported here how offers of judgment interact with mootness. In Campbell-Ewald Co. v. Gomez, the United States Supreme Court held that an unaccepted settlement offer, even if it offers all relief sought in the case, does not render a case moot when the affected party seeks relief ...

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 ...

Barchiesi, et. al. v. Charlotte School of Law, LLC, et. al., No. 3:16-cv-00861 (W.D.N.C. December 22, 2016) (putative class action against Charlotte School of Law for alleged false and misleading representations related to the school’s failure to provide current and prospective students with information about its noncompliance with ABA standards for accreditation).

Whitehead v. Lutheran Homes of South Carolina, Inc., No. 3:16-cv-03937 (D.S.C. December 16, 2016) (putative class action and purported collective action brought under FLSA and state wage and hour laws ...

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:

Anstrom v. Best Logistics Group, Inc., No. 1:16-cv-01365 (M.D.N.C. November 29, 2016) (purported class action and collective action brought under FLSA and state wage and hour laws by freight brokers alleging defendant misclassified employees and failed to pay overtime).

Pasqual v. Cempra, Inc., et. al., No. 1:16-cv-01356 (M.D.N.C. November 22, 2016) (putative class action filed on behalf of shareholders of Cempra, Inc., a clinical-stage ...

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:

Stephens, et. al. v. Shoretel SC LLC, et. al., No. 4:16-cv-03515 (D.S.C. October 28, 2016) (purported collective action brought under FLSA alleging customer service representatives were not paid overtime while working for defendant’s call center).

Blunt v. Belk, Inc., No. 3:16-cv-00745 (W.D.N.C. October 27, 2016) (notice of removal of putative class action brought under the Fair Credit Reporting Act alleging Belk failed to provide ...

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:

Dvorsky v. George Salama, D.C., No. 1:16-cv-01180 (M.D.N.C. September 27, 2016) (putative class action brought under the Driver’s Privacy Protection Act alleging that defendant chiropractic medical practice obtained protected personal information from DMV records and accident reports to market its chiropractic services in violation of the Act).

Sheffield v. BB&T Corp., et. al., No. 7:16-cv-00332 (E.D.N.C. September 23, 2016)

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:

Kirkpatrick v. Cardinal Ally, Inc., No. 1:16-cv-01088 (M.D.N.C. August 28, 2016) (collective action and class action asserted under FLSA and state wage and hour laws alleging defendant managed healthcare organization misclassified care coordinators as exempt employees).

Ailsworth v. Harbor Inn Richland, Inc., et. al., No. 3:16-cv-02946 (D.S.C. August 26, 2016) (purported collective action and class action brought under FLSA and state ...

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:

Ford, et. al. v. Ford Motor Co., No. 1:16-cv-00239 (W.D.N.C. July 14, 2016) (putative consumer class action alleging the Ford Explorer has a manufacturing defect which allows exhaust emissions to leak into passenger cabins).

Swinger v. Breg, Inc., et. al., No. 1:16-cv-00955 (M.D.N.C. July 14, 2016) (collective action and class action brought under FLSA and state wage and hour laws for unpaid wages and overtime arising from defendants’ alleged ...

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:

Campbell v. First Nat’l Collection Bureau, Inc., et. al., No. 1:16-cv-02342 (D.S.C. June 29, 2016) (putative class action brought on behalf of consumers residing in South Carolina alleging violations of the Fair Debt Collection Practices Act).

Girard v. Fantasy Far East, Inc., et. al., No.2:16-cv-02209 (D.S.C. June 24, 2016) (purported collective and class action brought under FLSA and state wage and hour laws for an improper “tip pool”).

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:

Garey, et. al. v. James S. Farrin, P.C., et. al., No. 1:16-cv-00542 (M.D.N.C. May 27, 2016) (putative class action brought under the Driver’s Privacy Protection Act alleging that defendant law firms obtained protected personal information from DMV records and accident reports to market their legal services in violation of the Act).

Spallone v. Chen Sushi King, LLC, No. 4:16-cv-01684 (D.S.C. May 25, 2016) (purported collective and class action ...

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:

EEOC v. Mission Hospital, Inc., No. 1:16-cv-00118 (W.D.N.C. April 28, 2016) (putative class action alleging violations of Title VII for allegedly refusing to honor employees’ requests for religious exemptions from the hospital’s flu vaccine policy).

Velez v. Healthcare Revenue Recovery Group, LLC, No. 1:16-cv-377 (M.D.N.C. April 25, 2016) (putative class action brought on behalf of consumers residing in North Carolina alleging ...

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:

King v. Managed Recovery Systems, No. 7:16-cv-00954 (D.S.C. March 24, 2016) (action brought on behalf of consumers residing in South Carolina alleging violation of Fair Debt Collection Practices Act).

Storey v. King Street Grille, LLC, No. 2:16-cv-942 (D.S.C. March 24, 2016) (collective and class action brought under the FLSA and state wage and hour law alleging improper “tip credits”).

Filar-Collins et. al. v. Buffets, LLC, et. al. No ...

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 and February's filings:

Folk v. S.C. Healthcare Investment, LLC, No. 1:16-cv-00643 (D.S.C. February 29, 2016) (notice of removal of class action on behalf of former hospital employees alleging that defendant failed to provide proper notice that it was closing the hospital and laying off its employees).

Pendleton v. Reid, et. al., No. 5:16-cv-00037 (W.D.N.C. February 29, 2016) (putative class action on behalf of shareholders of CommunityOne Bancorp ...

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 ...

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:

Trapp, et. al v. SunTrust Bank, No. 15-CV-937 (M.D.N.C. Nov. 9, 2015) (class action complaint alleging that SunTrust Bank violated the Federal Equal Credit Opportunity Act by providing consumers with notices of an adverse action that fails to identify a specific reason for the adverse action).

Beasley, et. al v. Custom Communications, Inc., No. 15-CV-583 (E.D.N.C. Nov. 8, 2015) (asserting Fair Labor Standards Act collective action and class ...

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:

Mosley, et. al v. FanDuel, Inc., et al., No. 15-CV-912 (M.D.N.C. Oct. 30, 2015) (class action complaint alleging that two companies operating daily fantasy sports websites violate N.C. Gen. Stat. Section 75-1.1 and other common-law principles)

Smith, et. al. v. BB&T Corp., et.al., No. 1:15-CV-00841(M.D.N.C. October 8, 2015) (putative class action seeking injunctive relief and alleging defendants mismanaged its 401(k) savings plan in ...

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:

Glatter v. Toyota Motor Corporation, et. al., No. 15-CV-03734 (D.S.C. September 17, 2015) (putative class action asserting warranty and consumer protection claims against Toyota for selling trucks without an automatic limited-slip differential feature when Toyota marketed the trucks as having the feature).

Smith v. Innovative Solutions of S.C. Inc., No. 15-CV-03671 (D.S.C. September 15, 2015) (notice of removal of Fair Labor Standards ...

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:

Lijkel Dijkstra v. Harry Carenbauer, No. 15-1994 (4th Cir. August 27, 2015) (docketing appeal from Order and Final Judgement denying defendants’ motion to decertify a class of West Virginia consumers who obtained a mortgage through LendingTree and holding defendant consumer lending companies liable for engaging in the unauthorized practice of law by closing real estate loans without a licensed attorney or without the direct supervision of 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 July's filings:

Alexander v. Pella Corporation, No. 15-1828 (4th Cir. July 28, 2015) (docketing appeal from Order dismissing claims as untimely because cross-jurisdictional class action tolling did not apply and class members were not unnamed members of earlier suit and their claims did not relate back to the earlier complaint)

Presson v. DARA BioSciences, Inc., et. al., No. 15-CVS-9775 (Wake County Super. July 27, 2015) (putative class action on behalf of ...

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 ...

In two recent studies of shareholder class actions over corporate mergers, the authors reached conclusions consistent with our experience with such cases in North Carolina: that nearly every acquisition of a public company results in shareholder litigation. The Cornerstone Research report found that 93% of public company acquisitions were challenged. Takeover Litigation in 2014, a separate study by Matthew Cain of the SEC and Steven Solomon of UC Berkeley, found that 94.9 of deals were challenged. (The two studies used slightly different cutoffs for their samples.)

Both ...

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 ...

It is often expedient for a defendant to make an offer of judgment in order to avoid the expense of lengthy proceedings, particularly when the plaintiff’s damages claim is small. But what happens when the offer of judgment is made to a class representative? Does that mean that the individual no longer has standing? And does it make any difference if the offer is made before or after the class certification motion is filed? Judge Currie grappled with these issues last week in a Fair Debt Collection Practices Act case, Chatham v. GC Services, LP, No. 3:14-cv-00526 (D.S.C. July 16, 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 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 ...

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 ...