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 January's filings:

Stinnett v. Beachbody Fitness & Bootcamps, LLC, No. 4:15-cv-00432 (D.S.C. Jan. 29, 2015) (collective action brought by personal trainer alleging minimum wage and overtime violations of the Fair Labor Standards Act and the South Carolina Payment of Wages Act).

Dlyedy Inc. v. Church & Dwight Co., No. 15-cv-00131 (Wake Cnty. N.C. Super. Ct. Jan. 28, 2015) (pro se class action alleging myriad claims related to Arm and Hammer baking soda being used as a “crack cocaine enabling device”).

Patterson v. JM Adjustment Servs., LLC, No. 1:15-cv-00094 (M.D.N.C. Jan. 27, 2015) (alleging violations of the federal Fair Debt Collection Practices Act on behalf of a nationwide class of consumers).

Physicians Healthsource, Inc. v. Salix Pharmaceuticals, Inc., No. 5:15-cv-00036 (E.D.N.C. Jan. 22, 2015) (nationwide class action alleging violations of the Junk Fax Prevention Act for sending unsolicited advertisements without an opt-out notice). Plaintiff also filed a motion for class certification to prevent a “pick-off attempt” to moot the class action by settling with the individual plaintiff.

Carlson v. S.C. State Plastering LLC, No. 9:15-cv-00292 (D.S.C. Jan. 21, 2015) (removal under the Class Action Fairness Act of action alleging home construction defects in stucco homes in the Sun City development in Bluffton, South Carolina).

Jack H. Winslow Farms, Inc. et al. v. Syngenta AG, et al., No. 4:15-cv-00016 (E.D.N.C. Jan. 21, 2015) (Dever, J.) (82-page complaint brought on behalf of nationwide corn producers alleging false statements concerning China export market).

Jenkins v. The Moses H. Cone Mem’l Health Servs. Corp., No. 5:15-cv-00034 (E.D.N.C. Jan. 21, 2015) (removal of action alleging breach of contract and related claims for hospital’s billing practices brought on behalf of similarly situated patients). The lawsuit was originally filed in Wake County Superior Court on December 1, 2014, and mirrors Southern v. WakeMed (summarized below).

Southern v. WakeMed, No. 4:15-cv-00015 (E.D.N.C. Jan. 20, 2015) (removal of action alleging breach of contract and related claims for hospital’s billing practices brought on behalf of similarly situated patients). The lawsuit was originally filed in Wake County Superior Court on October 16, 2013 and recently amended to add what Defendant contends are federal claims arising under the Employee Retirement Income Security Act. On January 26, 2015, the case number changed to 5:15-cv-00035.

Kenzik v. Kiley & Kiley, L.L.C., No. 2:15-cv-00201 (D.S.C. Jan. 15, 2015) (alleging violations of the Telephone Consumer Protection Act for unsolicited robocalls to residential and cellular phone numbers, including numbers registered on the “do not call” list, on behalf of a purported nationwide class). Plaintiff also filed a “placeholder” motion for class certification “to prevent any attempt by Defendant to avoid class certification by ‘picking off’ Plaintiff’s individual claims.”

Michelle H. v. Haley, No. 2:15-cv-00134 (D.S.C. Jan. 12, 2015) (civil rights class action for injunctive relief related to alleged deficiencies in the South Carolina Department of Social Services’ treatment of foster children).