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 September's filings:

CFRE, LLC v. Adkins, No. 8:14-cv-03825 (D.S.C. Sept. 30, 2014) (alleging due process and other constitutional violations for unlawful property assessments in 2010; purported class includes all owners of Greenville County property during the 2010 assessment).

Berry v. Schulman, No. 14-2006 (4th Cir. Sept. 24, 2014) (notice of appeal by interested party Adam Schulman of the order and memorandum opinion approving a 200 million member, nationwide class action settlement for alleged violations of the Fair Credit Reporting Act by Reed Elsevier Inc. and two of its LexisNexis companies for selling certain Accurint brand reports to debt collectors without treating them as consumer reports under the FCRA). Schulman, an attorney for the Center for Class Action Fairness appearing pro se, made objections and supplemental objections to the settlement before the U.S District Court for the Eastern District of Virginia, all of which were overruled.

Caskie v. Nason Medical Ctr., LLC, No. 2:14-cv-03768 (D.S.C. Sept. 24, 2014) (removal of collective action alleging violations of the Fair Labor Standards Act and South Carolina Payment of Wages Act for failure to pay overtime and wages for all hours worked to physician assistants at five urgent care centers in the Charleston area). This case was originally filed in the Charleston County Court of Common Pleas on September 2, 2014.

Cohan v. Pella Corp., No. 2:14-cv-03704 (D.S.C. Sept. 19, 2014) (case transferred to MDL from U.S. District Court for the District of Maine).

Fitzhenry v. Indep. Order of Foresters, No. 2:14-cv-03690 (D.S.C. Sept. 18, 2014) (alleging violations of the Telephone Consumer Protection Act for prerecorded marketing calls related to funeral insurance). A motion to certify the nationwide class was filed with the complaint.

Palacios v. Pella Corp., No. 2:14-cv-03637 (D.S.C. Sept. 12, 2014) (case transferred to MDL from U.S. District Court for the Eastern District of Louisiana).

Fejzulai v. Sam’s West Inc., No. 6:14-cv-03601 (D.S.C. Sept. 10, 2014) (alleging Sam’s Club failed to issue double refunds to a purported nationwide class of the discount membership club’s members for the return of fresh meat, bakery and produce items pursuant to their “200% Freshness Guarantee” and terms of membership).

Watson v. McDonald, No. 3:14-cv-03594 (D.S.C. Sept. 9, 2014) (alleging violations of the Administrative Procedure Act and Privacy Act after Veteran Affairs lost four boxes of pathology reports containing private personal and medical information, including social security numbers, of at least 2, 179 veterans who had received medical treatment in South Carolina ).

Elmquist v. Flo-Pie Inc., No. 4:14-cv-03548 (D.S.C. Sept. 4, 2014) (collective action under the Fair Labor Standards Act alleging minimum wage and overtime violations based, in part, on tip sharing violations in three Mellow Mushroom restaurants in Florence and Horry Counties).