Recent Filings – March Digest
Not every class action court filing in North and South Carolina becomes a full-length post on our blog. Here is a recap of March’s filings:
Angeles-Gomez, et al. v. Rick Wolf Landscape, LLC, et al., No. 2:17-cv-00009 (E.D.N.C. March 31, 2017) (putative collective and class action brought under FLSA and state wage and hour laws by current and/or former employees of the defendant landscaping and lawn care business and its managing members for alleged unpaid overtime compensation).
Isaman, et al. v. Housekeeping Services of Hilton Head, LLC, et al., No. 9:17-cv-00800 (D.S.C. March 26, 2017) (putative class action and purported collective action brought under FLSA and state wage and hour laws alleging Housekeeping Services of Hilton Head, the low country’s largest cleaning service, failed to pay hourly wages due including overtime compensation).
Oldfield Community Association, et al. v. TI Oldfield Development, LLC, et al., No. 9:17-cv-00794 (D.S.C. March 24, 2017) (purported class action removed from South Carolina state court to federal court brought by a non-profit corporation formed for the benefit of homeowners and lot owners of Oldfield, a Beaufort County community, alleging defendant board and director members misappropriated funds, breached fiduciary duties, etc. and requesting a preliminary injunction).
Beasley, et al. v. Bojangles Restaurants, Inc., et al., No. 1:17-cv-00255 (M.D.N.C. March 21, 2017) (purported class action and collective action brought under FLSA by employees alleging defendants misclassified them and failed to pay overtime compensation).
Blue Ridge Podiatry Assocs., P.A. v. Annexmed Billing Servs. Inc., et al., No. 1:17-cv-00078 (W.D.N.C. March 20, 2017) (putative class action brought under the Telephone Consumer Protection Act alleging the defendants sent unsolicited fax advertisements to plaintiff and the proposed class in June 2016 without prior express consent).
Sandviks v. PhD Fitness, LLC, No. 1:17-cv-00744 (D.S.C. March 17, 2017) (products liability class action lawsuit alleging defendant, a manufacturer of sports-oriented dietary supplement products, has marketed their products in a systematically misleading manner and these misrepresentations regarding ingredients and proper dosing have injured plaintiffs).
Bobiak, et al. v. The Morgan Group, Inc., No. 3:17-cv-00142 (W.D.N.C. March 17, 2017) (putative collective and class action brought by employees of The Morgan Group, a high-end multifamily development, construction and property management company, for recovery of unpaid wages and unpaid overtime/bonus compensation under FLSA and state wage and hour laws).
Indian Harbor Insurance Co. v. Kriewaldt, et al., No. 2:17-cv-00732 (D.S.C. March 17, 2017) (putative class and declaratory judgment action brought by Indian Harbor Insurance Co. seeking a determination from the federal court of its defense and coverage obligations based on two underlying South Carolina state court lawsuits, one a class action, which allege construction defects caused by the defendants in a Charleston townhome development).
Fuerte, et al. v. Convergys Corp., et al., No. 4:17-cv-00701 (D.S.C. March 14, 2017) (putative collective and class action brought under FLSA and state wage and hour laws by at-home customer representative employees of Convergys, a customer outsourcing company, who performed required “off the clock” and computer technical malfunction work but allege not to have been compensated for this time).
Mauer v. Argos Therapeutics, Inc., et al., No. 1:17-cv-00216 (M.D.N.C. March 14, 2017) (putative class action brought by shareholders of Argos, an immune-oncology company, alleging the company violated federal securities laws by making false statements in its securities filings).
Hegeman v. Babcock & Wilcox Enters., et al., No. 3:17-cv-00125 (W.D.N.C. March 13, 2017) (putative class action on behalf of shareholders of Babcock & Wilcox, a provider of energy and environmental technologies and services for power and industrial markets, asserting federal securities violations for the company providing alleged false and misleading statements and failing to provide material facts about the company).
Lawrence, et al. v. General Panel Corp., No. 2:17-cv-00600 (D.S.C. March 3, 2017) (putative class action removed from South Carolina state court and brought by homeowners alleging structures known as SIPS, manufactured by Defendant using sheets of oriented strand board, were defective and have caused damage to their homes and buildings).
Ollila, et al. v. Babcock & Wilcox Enters., Inc. et al.; No. 3:17-cv-00109 (W.D.N.C March 3, 2017) (putative class action brought by shareholders of Babcock & Wilcox Enterprises, Inc., a technology-based provider of power generation equipment, alleging violations of securities laws claiming the company’s officers and/or directors made false and misleading statements in press releases, analyst conference calls and SEC filings starting in 2015).
Speights, et al. v. Blue Cross and Blue Shield of South Carolina; No. 9:17-cv-594 (D.S.C. March 3, 2017) (putative class action removed from South Carolina state court brought by consumers alleging Blue Cross and Blue Shield denied requests to pay for healthcare that was approved and/or requested by physicians).
Jeffers, et al.v.Toyota Motor Corporation, et al., No. 4:17-cv-00577 (D.S.C. March 2, 2017) (purported class action brought under consumer protection laws alleging defendants manufactured defective dashboards in various car models and have not adequately handled a warranty program that was promised in previous litigation relating to the same issue).