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 May's filings:

Guzman v. Diamond Candles LLC, 1:15-cv-422 (M.D.N.C. May 29, 2015) (asserting unfair and deceptive trade practice and unjust enrichment claims on behalf of purchasers of defendant’s candles related to defendant’s alleged “illegal lottery scheme,” which involved selling candles with a ring – possibly worth $5,000 – hidden inside).

Cecil v. Hinshaw, 1:15-cv-409 (M.D.N.C. May 22, 2015) (asserting class action on behalf of the Kingston Inc. Employee Stock Option Plan and certain Plan participants against former Plan administrators and trustees for various alleged ERISA violations).

Hill v. SCA Credit Services Inc., No. 15-1554 (4th Cir. May 22, 2015) (docketing appeal from order dismissing putative statewide class action regarding defendant’s allegedly improper debt collection practices against West Virginia consumers).

Meller v. Wings Over Spartanburg LLC, No. 2:15-cv-2094 (D.S.C. May 21, 2015) (asserting collective action under the Fair Labor Standards Act and class action under the South Carolina Payment of Wages Act on behalf of Wild Wing employees regarding defendants’ tip pooling practices).

Corbin v. CFRA LLC, 1:15-cv-405 (M.D.N.C. May 21, 2015) (asserting collective action under the Fair Labor Standards Act on behalf of IHOP employees regarding defendant’s “tip credit” practices).

Phillip Singer v. Trans1 Inc., No. 15-1542 (4th Cir. May 19, 2015) (docketing appeal from order dismissing claims against certain executives of Trans1, who were individual defendants in a putative shareholder class action alleging violations of federal securities laws).

Thrailkill v. Top Rank Inc., No. 7:15-cv-2028 (D.S.C. May 15, 2015) (asserting class action on behalf of South Carolinians who purchased pay per view subscriptions for a boxing match between Manny Pacquiao and Floyd Mayweather; the complaint brings claims for unfair and deceptive trade practices and unjust enrichment regarding defendants’ alleged failure to disclose Pacquiao injury).

Haynes v. Charleston Retirement Investors LLC, No. 2:15-cv-2003 (D.S.C. May 13, 2015) (asserting collective action under the Fair Labor Standards Act and class action under the South Carolina Payment of Wages Act for unpaid wages relating to defendants’ alleged practice of requiring “off the clock” work).

The Huntington National Bank v. Powell, No. 15-178 (4th Cir. May 11, 2015) (petitioning to appeal under 28 U.S.C. § 1292(b) from Order denying The Huntington National Bank’s motion for judgment on the pleadings in putative statewide class action regarding allegedly improper imposition of late fees).

Bolling-Owen v. Lumber Liquidators Inc., No. 2:15-cv-1971 (D.S.C. May 8, 2015) (removing putative statewide class action regarding purported defects in Lumber Liquidators’ Chinese wood flooring). As stated in the removal notice, the case is related to the Green v. Lumber Liquidators, White v. Lumber Liquidators, Sahn v. Lumber Liquidators, and Watson v. Lumber Liquidators cases pending before Judge Harwell, to whom the Bolling-Owen case was also assigned.

Robinson v. TD Bank N.A., No. 6:15-cv-1937 (D.S.C. May 7, 2015) (asserting putative nationwide class action regarding TD Bank’s overdraft fees). This case was transferred from the Southern District of Florida for the reasons stated in the April 2, 2015 In re: TD Bank N.A. MDL Order.

Lakowitz v. Bowers, No. 1:15-cv-00371 (M.D.N.C. May 6, 2015) and Li v. Bowers, No. 1:15-cv-00373 (M.D.N.C. May 7, 2015) (identical shareholder lawsuits challenging the proposed stock-for-stock merger between Square 1 Financial, a Durham-based company that provides financial and banking services to entrepreneurs, and PacWest Bancorp).

CFRE LLC v. Adkins, No. 15-1495 (4th Cir. May 6, 2015) (docketing appeal from Order dismissing putative class action for lack of jurisdiction under the Tax Injunction Act; brought on behalf of Greenville County property owners, the lawsuit arose from a 2010 countywide reassessment).

Asamoah v. Piedmont Petroleum Corp., No. 2:15-cv-1914 (D.S.C. May 5, 2015) (asserting collective action under the Fair Labor Standards Act for unpaid wages relating to defendants’ alleged practice of requiring “off the clock” work).