Recent Filings – May 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 May’s filings:

Kasprzyk, et al. v. Hilton Grand Vacations Company, LLC, et al., No. 4:17-cv-01393 (D.S.C. May 26, 2017) (purported collective and class action brought under FLSA alleging defendants deducted wages, straight time and overtime pay from commissions earned.)

Berg, et al. v. Span-America Medical Systems, Inc., et al., No. 6:17-cv-01399 (D.S.C. May 26, 2017) (putative class action alleging defendants, who entered into an agreement and plan of merger in early May 2017, filed a solicitation statement that contained false and misleading information and omitted material information thereby violating federal securities laws.)

Giles, et al. v. BNC Bancorp, et al., No. 1:17-cv-00482 (M.D.N.C. May 25, 2017) (putative class action on behalf of shareholders of defendant BNC Bancorp, a publicly traded bank holding company, and its officers and directors, asserting securities violations for failing to disclose material information through incomplete and misleading proxy statements in advance of a proposed merger with Pinnacle Financial Partners, Inc.)

Pill, et al. v. Span-America Medical Systems, Inc., No. 6:17-cv-01375 (D.S.C. May 25, 2017) (putative class action alleging defendants Span-America Medical Systems and Savaris (SC), Inc., who manufacture various products for the medical market, entered into a flawed sales process in early May 2017 which favored Salvaria at the expense of Span’s shareholders, thereby alleging violation of federal and state securities laws.)

Porter, et al. v. Span-America Medical Systems, Inc., No. 6:17-cv-01357 (D.S.C. May 25, 2017) (putative class action alleging defendants entered into an agreement/plan of merger in early May 2017 which is materially deficient regarding financial projections and potential conflicts of interest regarding various managers and directors in violation of federal and state securities laws.)

Gagliastre, et al. v. Capt. George’s Seafood Restaurants, LP, et al., No. 4:17-cv-01308 (D.S.C. May 19, 2017) (putative class action and collective action alleging defendants, who own seafood buffet restaurants, misappropriated tips, required servers to work off the clock and otherwise failed to pay overtime compensation to employees under FLSA and state wage and hour laws.)

Salvo, et al. v. NightCap Inc. Food & Spirits, et al., No. 2:17-cv-01266 (D.S.C. May 17, 2017) (putative class action and collective action brought by servers, bartenders and other “tipped workers” alleging defendants failed to pay compensation due under FLSA and state wage and hour laws seeking to recover minimum wages, unlawful deductions and other wages due to employees.)

Christian, et al. v. TOWERCOMM, LLC, No. 5:17-cv-00223 (E.D.N.C. May 9, 2017) (putative class action and collective action brought by employees of defendant who were tower technicians performing maintenance, repair and installation and allege they were not paid overtime compensation that was due under FLSA and state wage and hour laws.)

Walton v. Maury Cobb & Associates, LLC, et al., No. 5:17-cv-00209 (E.D.N.C. May 2, 2017) (putative class action brought under federal consumer protection laws on behalf of consumers residing in North Carolina alleging defendants sent collection letters with original creditor information which was false and/or misleading.)