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 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 ...

Recent studies by PricewaterhouseCoopers, NERA Economic Consulting, Cornerstone, and Kevin LaCroix of D&O Diary have all found that federal securities class actions are on the rise. According to PwC, the data shows a trend towards more cases filed against smaller companies, especially for claims regarding accounting irregularities. Smaller companies also face a significant risk of claims regarding inadequate internal controls over financial reporting, likely due to their smaller size and more limited resources.

NERA found that standard federal securities class actions ...

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 ...

Characterizing an unpublished 2007 decision to the contrary as a “thin reed” displaced by later Supreme Court guidance, the Fourth Circuit held that the question of whether an arbitration agreement permits class proceedings is a “gateway” issue for the court, and not a procedural question left to the arbitrator to decide. Del Webb Communities Inc. v. Carlson, No. 15-1385 (4th Cir. March 28, 2016). The case was filed after a builder – facing numerous construction defect claims and an arbitrator’s decision whether to certify those claims as a class proceeding – filed a ...

Last month, we previewed the challenge to a settlement of litigation involving the Reynolds-Lorillard merger. The Business Court has helpfully made available the transcript of the hearing on approval of the settlement, which took place on February 12. At the hearing, the Court made clear that it was quite familiar with recent changes in merger litigation in Delaware, including the Trulia case, and stated that it was reviewing the settlement under “strict scrutiny,” not a “rubber stamp standard.” Notwithstanding a shareholder objection supported by Professor Sean ...

Yesterday, the Supreme Court issued its opinion in Tyson Foods, Inc. v. Bouaphakeo, voting 6 – 2 to uphold a jury verdict in favor of employees in a donning and doffing action. The class of employees, certified under Iowa Wage and Hour law pursuant to Rule 23, and as a collective action under the Fair Labor Standards Act, worked in the kill, cut and retrim departments of a pork processing plant. They were required to use protective gear and complained that they weren’t paid for the time spent to put on and take off the necessary protection equipment. Because Tyson didn’t keep records ...

When two public companies announce an intention to merge, class litigation follows like the night the day. These complaints usually request some sort of preliminary injunctive relief which, if successful, can derail the merger. Rarely, however, do plaintiffs press for this relief. Instead, they opt to resolve the claims, which requires court approval under Rule 23. The resolution can involve the payment of money to shareholders, but many times it does not and instead takes the form of “programmatic relief,” consisting principally of additional disclosures to the class ...

Last November we previewed a case raising an important question in the class action world: If a defendant in a putative class action offers the named plaintiff complete relief on the plaintiff’s individual claim, but the plaintiff does not accept the offer, does the offer nonetheless render the case moot? On January 20, the Supreme Court answered “no,” but left open the possibility of a different result if the defendant actually deposits the amount of the plaintiff’s claim in an account payable to the plaintiff. The case is Campbell-Ewald Co. v. Gomez, and you can read the ...