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 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 Act on behalf of individuals in South Carolina). The case was originally filed in the Union County Court of Common Pleas on July 24, 2014.

Drummond v. Volvo Group North America, LLC, No. 2:14-cv-03460 (D.S.C. Aug. 27, 2014) (product liability action alleging boat engine defects).

Weaver v. Aegon USA, LLC, No. 4:14-cv-03436 (D.S.C. Aug. 25, 2014) (alleging supplemental insurer failed to pay all actual charges related to cancer treatment as required by the policy). Similar class claims were made and settled in Runyan v. Transamerica Life Ins. Co., No. CV-09-2066-3 (Pulaski County, Arkansas), and the complaint requests a declaratory judgment that the Runyan judgment not operate as res judicata for the claims in this case.

Goodbar v. Triangle Char & Bar East LLC, No. 2:14-cv-03422 (D.S.C. Aug. 22, 2014) (collective action under the Fair Labor Standards Act alleging minimum wage and overtime violations based, in part, on tip sharing violations and defendant restaurants’ practice of requiring bartenders to pay for collective alcohol inventory losses resulting in wages less than the minimum wage).

Herspold v. King Kong Sushi Bar & Grill, LLC, No. 4:14-cv-03418 (D.S.C. Aug. 22, 2014) (collective action under the Fair Labor Standards Act alleging minimum wage and overtime violations based, in part, on tip sharing violations).

Gordon v. TBC Retail Group, Inc., d/b/a Tire Kingdom, No. 2:14-cv-3365 (D.S.C. Aug. 20, 2014) (collective action pursuant to the Fair Labor Standards Act for alleged failure to pay overtime wages to Tire Kingdom mechanics).

Thomas v. NVR, Inc., No. 0:14-cv-3348 (D.S.C. Aug. 19, 2014) (removal pursuant to 28 U.S.C. § 1332(d) of purported class action alleging construction defects in 177-unit townhome development in York County). Brought on behalf of the townhome owners, this lawsuit mirrors a lawsuit by the townhome owners’ association that is currently pending in South Carolina state court.

Schroeder v. Pfizer, Inc., No. 2:14-cv-03255 (D.S.C. Aug. 14, 2014)  (a nationwide class action alleging that Pfizer’s Lipitor medication caused plaintiffs’ diabetes, the complaint in this case was originally filed in Missouri state court on February 27, 2014). After being removed to the Eastern District of Missouri in April, this case was transferred to the Litipor MDL in August. As previously reported, other cases transferred to this MDL include Alexander v. Pfizer Inc., No. 2:14-cv-2508 (D.S.C. June 20, 2014).

Robertie v. GAF Building Materials Corp., No. 7:14-cv-165 (E.D.N.C. Aug. 13, 2014) (this purported class action arises from alleged defects in GAF Elk Cross Timbers decking that, inter alia, cause the decks to warp). The complaint defines a nationwide class of property owners with thirteen common questions of law and fact and asserts claims for declaratory judgment as well as negligence, breach of implied warranty, and unfair and deceptive trade practices under North Carolina General Statute § 75-1.1. Although defining a nationwide class, the complaint seeks monetary and injunctive relief only on behalf of Plaintiffs “and all others similarly situated in North Carolina.”

Velasquez Monterrosa v. Mi Casita Restaurants, No. 5:14-cv-00448 (E.D.N.C. Aug. 8, 2014) (alleging violations of the Fair Labor Standards Act and N.C. Wage and Hour Act for unpaid straight-time and overtime wages at Defendants’ 15 restaurants in Fayetteville and Rockingham). Plaintiff brings both a collective action under the FLSA and a class action under the NCWHA. The purported class is defined as “all current and/or former employees of Defendants who were hourly or salaried employees whose primary duty was non-exempt work, and who were not compensated for all of their hours worked and/or time and one-half for hours worked above forty (40) per week.” We have previously posted on such “fail-safe” classes. This litigation follows a similar collective action against the restaurant and related entities, Zelaya v. J.M. Macias, Inc. No. 5:96-cv-00955, (E.D.N.C. 1998), where Judge Britt adopted the recommendation to grant partial summary judgment in favor of plaintiffs for overtime liability under the FLSA.

McCoy v. RPM Management Group, Inc., No. 2:14-cv-03171 (D.S.C. Aug. 7, 2014) (alleging violations of the Fair Labor Standards Act for failure to pay minimum wages and overtime at 5 Kickin’ Chicken restaurants based, in part, on unlawful tip-sharing arrangement).