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 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 ...

We have previously commented about “disclosure only” settlements in class action merger cases, and the increasing scrutiny provided to them by courts here and in Delaware. Judge Bledsoe entered the fray yesterday, approving a settlement of litigation involving the merger of Yadkin Financial Corporation and NewBridge Bancorp in a 44-page order. In a stark preamble to his findings, Judge Bledsoe gave warning that the Business Court would likely be joining their brethren in Delaware in strictly reviewing such settlements in the future. The Court characterized such a shift 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 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)

Failure to give the requisite 60-days’ notice to a group of employees under the WARN Act seems like it implicates a quintessential common question for adjudication under Rule 23. But in Hutson v. CAH Acquisition Company 10, LLC, 1:15CV742 (M.D.N.C. Aug. 15, 2016), Defendant gamely tried to suggest that there were factual issues that must be resolved as to each plaintiff. Admittedly, the case was a bit more complicated than the typical WARN Act case – the closing of the employer’s facility was postponed, and there apparently was confusion about just what the employer explained 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 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 ...

Earlier this year, we reported that Multiple Studies Show Increase in Securities Class Actions. Cornerstone Research, one of the groups covered in our earlier report, recently issued its 2016 Midyear Assessment. This new analysis, which covers cases filed in January through June of this year, is consistent with several of the trends we reported previously, including the increasing number of securities class actions, the rise in the number of cases against smaller companies, and the increase in the number of Fourth Circuit cases.

Of particular interest is the significant increase ...

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”).

In February 2014, the Panel on Multidistrict Litigation transferred a series of cases against Pella Corporation, a window manufacturer, to the District of South Carolina. Judge Norton dismissed most of the claims, but preserved claims alleging breach of express warranty with respect to Pella’s failure to repair or replace windows under its limited warranty. The windows, so plaintiffs alleged, leaked, and the plaintiffs sought certification of a class consisting of owners of structures in New York from 1997 through 2007 who had made a claim under Pella’s Limited Warranty. The ...