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 July's filings:

Alexander v. Pella Corporation, No. 15-1828 (4th Cir. July 28, 2015) (docketing appeal from Order dismissing claims as untimely because cross-jurisdictional class action tolling did not apply and class members were not unnamed members of earlier suit and their claims did not relate back to the earlier complaint)

Presson v. DARA BioSciences, Inc., et. al., No. 15-CVS-9775 (Wake County Super. July 27, 2015) (putative class action on behalf of shareholders of DARA BioSciences, Inc. against company officers and directors, alleging breach of fiduciary duty and other claims arising out of a proposed merger with Midatech Pharma).

Bennett v. Commercial College of Asheboro, Inc., No. 15 CVS 1744 (Guilford County Super. July 23, 2015) (class action seeking damages and remedies by adult students of Brookstone College of Business, alleged to have suddenly closed without warning).

Lyman v. Blue Buffalo Co., No. 5:15-cv-2870 (D.S.C. July 22, 2015) (removing putative class action against pet food manufacturer under the Class Action Fairness Act)

Smith v. Catamaran Health Solutions, LLC, No. 3:15-cv-2846 (D.S.C. July 20, 2015) (asserting numerous state and federal claims involving HealthExtras disability insurance, with federal jurisdiction asserted under the Class Action Fairness Act).

Castillo-Caceres v. Southern Produce Distributors, Inc., No. 7:15-cv-149 (E.D.N.C. July 17, 2015) (bringing class action and collective action on behalf of employees of produce packing operation based on alleged violations of the North Carolina Wage & Hour Act and the Fair Labor Standards Act).

Johnson v. Piggly Wiggly, No. 2:15-cv-2805) (D.S.C. July 16, 2015) (removal of Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act brought by South Carolina employees of Piggly Wiggly supermarkets).

Lipton v. McLean, No. 6:15-cv-2796 (D.S.C. July 15, 2015) (asserting a shareholder derivative action on behalf of shareholders of World Acceptance Corporation against company officers and directors, alleging breach of fiduciary duty and other claims)

Smalls v. TrueBlue, Inc., No. 1:15-cv-2710 (W.D.N.C. July 9, 2015) (transfer of putative national class action against temporary staffing companies for alleged violations of the Fair Credit Reporting Act; originally filed March 2, 2015 in the Western District of Washington).

Hoyt v. PML Clubs, Inc., No. 4:15-cv-02711 (D.S.C. July 8, 2015) (collective action by exotic dancers alleging that the defendants, who operated national chain of strip clubs, treated the dancers as independent contractors rather than employees and mishandled tips in violation of the Fair Labor Standards Act).

Rife v. Momma Rosa LLC, d/b/a Baroni’s Pizza, No. 2:15-cv-2673 (D.S.C. July 6, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act on behalf of pizza delivery drivers alleging employment law violations, including pay less than minimum wage for untipped work).