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:

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 licensed attorney).

Montgomery v. Lovin’ Oven Catering Suffolk, Inc., et. al., No. 15-CV-03214 (D.S.C. August 13, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act brought by massage therapists alleging that defendant spa owner misclassified the massage therapists as independent contractors rather than employees, failed to pay minimum wage and overtime, and mishandled tips).

Thomason v. FGX International, Inc., No. 15-CV-03161 (D.S.C. August 11, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act on behalf of merchandisers who visited retail stores to inspect defendant’s products alleging employment law violations, including nonpayment of overtime and reimbursement for work-related expenses).

Pruitt v. 3D Systems Corp., et. al., No. 15-CV-03138 (D.S.C. August 10, 2015) (putative class action on behalf of shareholders of 3D Systems Corporation, a publically traded company, asserting securities violations for providing allegedly false and/or misleading information about the company’s business in its press releases and securities filings).

Chad Pelino, et. al. v. Ward Manufacturing, LLC, No. 15-1877 (4th Cir. August 7, 2015) (docketing appeal from Order dismissing products liability and warranty claims against pipe manufacturer for its alleged defective piping and denying class certification on the basis that plaintiffs failed to show commonality and typicality among class members because the class representative and the unnamed class members did not have the same interests or the same injuries).

Fitzhenry v. USHEALTH Group, Inc. and USHEALTH Advisors, LLC, No. 15-CV-03062 (D.S.C. August 4, 2015) (putative class action alleging violations of the Telephone Consumer Protection Act against defendant health insurance company for its use of an automated telephone dialing system and pre-recorded telephone messages).