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:

Glatter v. Toyota Motor Corporation, et. al., No. 15-CV-03734 (D.S.C. September 17, 2015) (putative class action asserting warranty and consumer protection claims against Toyota for selling trucks without an automatic limited-slip differential feature when Toyota marketed the trucks as having the feature).

Smith v. Innovative Solutions of S.C. Inc., No. 15-CV-03671 (D.S.C. September 15, 2015) (notice of removal of Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act brought by HVAC technicians alleging that defendant misclassified the technicians as independent contractors and failed to pay minimum wage and overtime.)

Troche v. Bimbo Foods Bakeries Distribution Inc. f/k/a George Weston Bakeries Distribution Inc., No. 15-297 (4th Cir. September 14, 2015) (petition to appeal Order denying class certification on the basis that plaintiffs failed satisfy the Rule 23(a) prerequisites of commonality, typicality, and adequacy).

Raul v. Burke, et. al., No. 15-cvs-16703 (Meck. County September 11, 2015) (putative class action on behalf of shareholders of Swisher Hygiene Inc., a publically traded company, against company officers and directors, alleging breach of fiduciary duty and other claims arising out of a proposed sale of its U.S. operations to Ecolab Inc.)

Griffith, et. al. v. Air Methods Corporation and Rocky Mountain Holdings LLC, No. 5:15-cv-3668 (D.S.C. September 14, 2015) (asserting class action on behalf of South Carolina trauma victims transported by defendants regarding the validity of the transport charges and related to earlier class action, Adams v. Air Methods Corporation, No. 3:15-cv-1683, filed in April).

Trionfo, et. al. v. Bank of America N.A., No. 15-2068 (4th Cir. September 11, 2015) (docketing appeal from Order dismissing class action alleging Bank of America violated RESPA’s notice requirements and state consumer protection laws when the bank foreclosed on the plaintiffs’ home mortgage loan; the district court did not address the viability of nationwide or statewide class certification).

Hutson, et. al. v. CAH Acquisition Company 10 LLC d/b/a Yadkin Valley Community Hospital, et. al., No. 1:15-CV-00742 (M.D.N.C. September 10, 2015) (putative class action of former hospital employees asserting violations of the federal Worker Adjustment and Retraining Notification Act after Yadkin Valley Community Hospital closed and laid off its employees).

Bowers, et. al. v. BB&T Corporation, et. al., No. 1:15-CV-00732-CCE-JEP (M.D.N.C. September 4, 2015) (putative class action seeking injunctive relief and alleging defendants’ management of its 401(k) savings plan violates ERISA).

Cone v. American Airlines Group Inc., et. al., No. 1:15-CV-00728 (M.D.N.C. September 3, 2015) (one of the dozens of antitrust suits filed against the major U.S. airlines in courts across the country in recent weeks).

Parker v. Asbestos Processing LLC, No. 15-2008 (4th Cir. September 3, 2015) (docketing appeal from Order denying class certification of asbestos plaintiffs against Mississippi lawyers, ruling that the proceedings were unmanageable and because of that, a class action was not a superior method for adjudicating the case).