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 December's filings:

Hughes v. Bank of America N.A., No. 7:15-cv-05083 (D.S.C. December 30, 2015) (notice of removal of class action on behalf of borrowers alleging that Bank of America enrolled borrowers in and charged borrowers for an insurance protection plan without the borrowers’ consent in violation of the Truth in Lending Act and state law).

Hall v. Higher One Machines Inc., et. al., No. 5:15-cv-00670 (E.D.N.C. December 28, 2015) (asserting Fair Labor Standards Act collective action and class action under the North Carolina Wage and Hour Act and alleging that defendant failed to pay plaintiff call center employees for all hours worked by limiting their compensation to the time the employees were on the telephone and available to accept calls).

Career Counseling Inc. v. Amsterdam Printing & Litho Inc., et. al., No. 3:15-cv-05061 (D.S.C. December 28, 2015) (putative class action asserting violations of consumer protection laws against Taylor Corporation for sending unsolicited faxes).

Sittner v. Country Club Inc., No. 4:15-cv-05043 (D.S.C. December 23, 2015) (collective action and putative class action by exotic dancers alleging that the defendant operator of a strip club treated the dancers as independent contractors rather than employees and mishandled tips in violation of the Fair Labor Standards Act and the South Carolina Payment of Wages Act).

Haley, et. al. v. CSX Transportation Inc., No. 3:15-cv-05037 (D.S.C. December 22, 2015) (notice of removal of class action on behalf of residential property owners alleging that CSX’s train trestles restricted the water flow of a creek, causing their homes to be flooded during the October 2015 floods in Columbia, SC).

Lewis, et. al. v. NC Department of Public Safety, et. al., No. 1:15-cv-00284 (W.D.N.C. December 21, 2015) (putative class action on behalf of prison inmates diagnosed with Hepatitis C against the NC Department of Public Safety and several state officials in their individual capacities, alleging disability discrimination and constitutional violations for failure to provide adequate medical treatment).

Gallegos v. Becerra Enterprises Inc., No. 4:15-cv-00196 (E.D.N.C. December 11, 2015) (asserting Fair Labor Standards Act collective action and class action under the North Carolina Wage and Hour Act, the minimum wage provisions of the Florida Constitution, and the federal H-2A Program brought by a group of migrant workers alleging that defendant recruited the migrant workers from their homes in Mexico to perform agricultural work and failed to pay the workers minimum wage and for all hours worked).

Davy v. Duke Energy of the Carolinas LLC, et. al., No. 7:15-cv-04927 (D.S.C. December 11, 2015) (notice of removal of class action on behalf of purchasers of residential solar panel systems alleging that defendant Energy Conservation Solutions sold plaintiffs defective solar panel systems for their homes).

Crumbling v. Miyabi Murrells Inlet, LLC, No. 2:15-cv-04902 (D.S.C. December 10, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act brought by wait staff alleging that defendant restaurants’ mandatory tip pools were improper because tips were shared with back-of-house employees who did not customarily or regularly receive tips).

Collins v. Berkeley County, No. 2:15-cv-04823 (D.S.C. December 3, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act and alleging that defendant police department failed to pay for overtime when it required police officers to be on call and perform work off the clock).

In re NII Holdings Inc. Securities Litigation, No. 15-387(4th Cir. December 1, 2015) (docketing defendant’s petition for permission to appeal from an Order certifying a 23(b)(3) class of purchasers of NII common stock and bonds).