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 June's filings:

Smith v. Air Methods Corp., No. 9:14-cv-02587 (D.S.C. June 26, 2014) (alleging exorbitant and unconscionable charge for medical air transportation). Plaintiff’s purported class consists of “those who find themselves in need of medical attention” (para. 18) and “have been charged an unreasonable fee” for medical air transportation (para 34). This case was originally filed in Jasper County on May 15, 2014.

Oliver v. FirstPoint, Inc., No. 1:14-cv-00517 (M.D.N.C. June 24, 2014) (nationwide class alleging FirstPoint provided criminal history information in an employment-related report without proper notice in violation of the Fair Credit Reporting Act).

Alexander v. Pfizer Inc., No. 2:14-cv-02508 (D.S.C. June 20, 2014) (one of thirty-three similar complaints transferred to MDL in the United States District Court for the District of South Carolina). Plaintiffs allege that Pfizer’s cholesterol lowering medication, Lipitor, caused their diabetes.

Pinckney v. 7-Eleven Inc., No. 3:14-cv-02337 (June 13, 2014) (alleging violations of the Fair Labor Standards Act and South Carolina Payment of Wages Act for unpaid overtime and unpaid wages for “off the clock hours”). This case was originally filed in the Richland County Court of Common Pleas on May 8, 2014. The complaint is nearly identical to the complaints in Hammond v. The Methodist Oaks, No. 5:14-cv-02152 (June 4, 2014) and Void v. Orangeburg County Disabilities and Special Needs Board, No. 5:14-cv-02157 (June 4, 2014) (more information below), and plaintiffs in all three cases are represented by the same attorney. 7-Eleven has filed a motion to dismiss, arguing in part that plaintiffs failed to state a claim for a collective action under the FLSA because they neither defined a class nor identified a factual nexus between the plaintiffs and potential class members.

Reynolds v. Wyndham Vacation Resorts, Inc., No. 4:14-cv-02261 (June 10, 2014) (employee timeshare sales agents allege violation of the Fair Labor Standards Act for unpaid wages and overtime).

Allard v. Eadie’s Construction Co., No. 2:14-cv-02236 (June 9, 2014) (alleging violations of the Fair Labor Standards Act for unpaid overtime and unpaid wages associated with “off the clock” work and compensable travel time).

Hammond v. The Methodist Oaks, No. 5:14-cv-02152 (June 4, 2014) (alleging violations of the Fair Labor Standards Act and South Carolina Payment of Wages Act for unpaid overtime and unpaid wages for “off the clock hours”). The case was originally filed in the Orangeburg County Court of Common Pleas on May 2, 2014. The complaint is nearly identical to the complaint in Void v. Orangeburg County Disabilities and Special Needs Board, No. 5:14-cv-02157 (June 4, 2014) (more information below), and both sets of plaintiffs are represented by the same attorney.

Void v. Orangeburg County Disabilities and Special Needs Board, No. 5:14-cv-02157 (June 4, 2014) (alleging violations of the Fair Labor Standards Act and South Carolina Payment of Wages Act for unpaid overtime and unpaid wages for “off the clock hours”). The case was originally filed in the Orangeburg County Court of Common Pleas on May 2, 2014.

Lecroy v. CSX Transportation, Inc., No. 2:14-cv-02128 (June 2, 2014) (removal pursuant to the Class Action Fairness Act of case alleging negligence and strict liability for “obstruction of roadway” after April 28, 2014 train derailment and bridge collapse blocked Cypress Gardens Road in Berkeley County, South Carolina and caused a putative class in excess of 3,000 persons additional travel time and expense to use alternate roadways). The complaint was originally filed in the Berkeley County Court of Common Pleas on May 15, 2014.