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 November's filings: Fox, et al. v. SCANA Corporation, et al.; No. 3:17-cv-03063 (D.S.C. November 10, 2017) (previously reported similar action brought by customers of SCANA: this putative class action is brought under federal securities laws by holders of securities of SCANA who allege defendant released false and misleading documents and statements regarding a nuclear construction project in Fairfield County thereby causing them financial harm) Ridgeway, et al. v. Planet Pizza 2016, Inc., et al.; No. 3:17-cv-03064 (D.S.C. November 10, 2017) (putative collective and class action brought by employees of Planet Pizza 2016 under federal and state wage and hours laws alleging defendant took improper tip credits, failed to pay wages promised, failed to pay overtime compensation and generally violated these and other rights under wage and hour laws) Williamson, et al. v. South Shor, Inc. d/b/a The Peddler Steakhouse, et al., No. 4:17-cv-03026 (D.S.C. November 7, 2017) (putative collective and class action brought under federal and state wage and hour laws brought by servers at The Peddler Steakhouse, alleging defendant improperly applied a “tip credit” to servers’ wages, has required servers to give a percentage of their tips back to the restaurant, and generally has maintained a policy and practice of underpaying servers) Knothe v. Toyota Motor Sales, U.S.A., Inc., No. 2:17-cv-02987 (D.S.C. November 3, 2017) (putative class action brought by owners of automobiles with alleged defective dashboards who state Toyota was dismissed from previous related federal litigation in South Carolina based on a promise of voluntary and comprehensive warranty coverage, but Toyota did not commence the program with adequate parts and additionally permitted such service at only authorized dealers thereby leaving owners without relief) Miriyala, et al. v. Novan, Inc., et al., No. 1:17-cv-00999 (M.D.N.C. November 3, 2017) (putative class action brought under federal securities laws by purchasers of stock of Novan, a clinical-stage drug development company, alleging defendant made materially false and misleading statements in offering documents regarding various trials during the fall of 2016 and winter of 2017 thereby causing shareholders to have significant damages) Allman, et al. v. Taishan Gypsum Co., Ltd. f/k/a Shandong Taihe Dongxin Co., Ltd., et al., No. 2:17-cv-00051 (E.D.N.C. November 2, 2017) (putative class action brought by purchasers of drywall manufactured and distributed by defendants, alleging sulfur compounds exited the drywall and caused damage to personal property such as blackening and break down of air conditioning, faucets, wiring and other metal surfaces) Koepplinger, et al. v. Seterus, Inc., No. 1:17-cv-00995 (M.D.N.C. November 2, 2017) (putative class action brought under federal and state consumer protection laws by mortgage borrowers against Seterus, a debt collection agency, alleging Seterus sent form letters claiming borrowers were in default on their mortgages and failure to pay all arrearages would result in immediate acceleration of their loan)