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 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 Guaranty, Incorporated stock regarding defendants’ alleged violations of the Securities Exchange Act).

Johnson v. Time Warner Entertainment-Advance/Newhouse Partnership, No. 3:15-cv-1727 (D.S.C. Apr. 21, 2015) (removing under the Class Action Fairness Act a putative class action brought on behalf of South Carolina landowners on whose property defendants have allegedly trespassed).

Davis v. Merrill Lynch & Co. Inc., No. 3:15-cv-175 (W.D.N.C. Apr. 20, 2015) (asserting various tort claims for unpaid compensation and benefits in putative class action brought on behalf of former Merrill Lynch employees).

Adams v. Air Methods Corporation, No. 3:15-cv-1683 (D.S.C. Apr. 17, 2015) (asserting class action on behalf of South Carolina trauma victims transported by defendants regarding the validity of the transport charges).

Beck v. Shinseki, No. 15-1395 (4th Cir. Apr. 16, 2015) (appealing from Order dismissing for lack of standing putative class action brought on behalf of veterans whose personal and medical information was stored on a missing Veterans Affairs medical center laptop).

Sams v. Kimmel & Godfrey Enterprises LLC, No. 2:15-cv-1643 (D.S.C. Apr. 15, 2015) (asserting collective action under the Fair Labor Standards Act and class action under the South Carolina Payment of Wages Act regarding defendants’ alleged failure to pay employees).

Galloway v. Santander Consumer USA Inc., No. 15-1392 (4th Cir. Apr. 15, 2015) (appealing from Order compelling arbitration in putative class action alleging violations of Maryland common and statutory law related to allegedly deficient pre-sale notices for repossessed personal property).

Spallone v. SoHo University Inc., No. 4:15-cv-1622 (D.S.C. Apr. 14, 2015) (asserting collective action under the Fair Labor Standards Act and class action under the South Carolina Payment of Wages Act regarding defendants’ allegedly improper tip pooling practices).

Bontempi v. Texas Roadhouse Inc., No. 3:15-cv-1587 (D.S.C. Apr. 10, 2015) (asserting collective action under the Fair Labor Standards Act on behalf of tipped employees at Texas Roadhouse restaurants regarding defendants’ allegedly improper tip pooling practices).

Padilla v. TD Bank N.A., No. 6:15-cv-1563 (D.S.C. Apr. 9, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the Eastern District of Pennsylvania pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Austin v. TD Bank N.A., No. 6:15-cv-1559 (D.S.C. Apr. 9, 2015) (asserting putative nationwide and state-specific class action regarding TD Bank’s overdraft fees). This case was transferred from the District of Connecticut pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Ucciferri v. TD Bank N.A., No. 6:15-cv-1535 (D.S.C. Apr. 8, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the District of New Jersey pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Koshgarian v. TD Bank N.A., No. 6:15-cv-1534 (D.S.C. Apr. 8, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the Southern District of New York pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Klein v. TD Bank N.A., No. 6:15-cv-1536 (D.S.C. Apr. 8, 2015) (asserting putative nationwide – or, alternatively, state-specific – class action regarding TD Bank’s overdraft fees). This case was transferred from the District of New Jersey pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Hurel v. TD Bank N.A., No. 6:15-cv-1537 (D.S.C. Apr. 8, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the District of New Jersey pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Goodall v. Toronto-Dominion Bank, No. 6:15-cv-1538 (D.S.C. Apr. 8, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the Middle District of Florida pursuant to the April 2, 2015 In re: TD Bank N.A. MDL Order.

Flowers Foods Inc. v. Scott Rehberg, No. 15-161 (4th Cir. Apr. 7, 2015) (petitioning to appeal under Rule 23(f) from Order granting class certification – for class composed of defendants’ North Carolina distributors – on North Carolina Wage and Hour Act claim; the Order also denies defendants’ motion to decertify Fair Labor Standards Act claim that was conditionally certified in 2013).

Besley v. FCA US LLC, No. 1:15-cv-1511 (D.S.C. Apr. 6, 2015) (asserting nationwide class action for claims of unjust enrichment, negligence per se, promissory estoppel, and negligent misrepresentation on behalf of owners and lessees of FCA Ram pickup trucks for which the Monroney sticker provided inaccurate rear axle ratio information).

Berber v. Hutchison Tree Service, No. 5:15-cv-143 (E.D.N.C. Apr. 3, 2015) (asserting on behalf of “salary-paid laborers” a collective action for unpaid overtime compensation under the Fair Labor Standards Act and a class action for unpaid wages and overtime compensation under the North Carolina Wage and Hour Act).

Chatman v. GC Services, LP, No. 15-157 (4th Cir. Apr. 2, 2015) (petitioning to appeal under Rule 23(f) from Order denying class certification in putative class action asserting violations of the Fair Debt Collection Practices Act by third-party debt collectors against South Carolina residents).

In re: TD Banks N.A. Debit Card Overdraft Fee Litigation, MDL No. 2613 (U.S. Judicial Panel on Multidistrict Litigation, April 2, 2015) (consolidating in the District of South Carolina eight putative nationwide class actions involving imposition of overdraft fees by TD Bank; presiding judge will be Hon. Bruce Howe Hendricks).

Clark v. RCI Entertainment (North Carolina) Inc., No. 3:15-cv-141 (W.D.N.C. Apr. 1, 2015) (asserting collective action for unpaid wages and overtime compensation under the Fair Labor Standards Act on behalf of “entertainers” at Club Onyx-Charlotte).