Recent Filings – July 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 July’s filings:
Nelson v. Flagship Credit Acceptance, LLC, No. 3:18-cv-02074 (D.S.C. July 27, 2018) (putative class action alleging defendant vehicle loan servicing agency emailed collection information to hundreds of customers at the same time, revealing confidential customer information in violation of state privacy laws)
Planned Parenthood South Atlantic, et al. v. Joshua Baker, No. 2:18-cv-02078 (D.S.C. July 27, 2018) (putative class action against the Director of the South Carolina Department of Health and Human Services alleging his decision to terminate Planned Parenthood’s status as a qualified Medicaid provider violates the Medicaid Act and the Fourteenth Amendment of the U.S. Constitution)
Williams v. TrustedID, Inc., No. 3:18-cv-02077 (D.S.C. July 27, 2018) (putative class action alleging defendant, which allegedly markets itself as an identity theft protector, requires consumers to input six digits of the consumer’s social security number in violation of state privacy laws)
Masiowski v. AmerisourceBergen Drug Corp. et al., No. 2:18-cv-02080 (D.S.C. July 26, 2018) (putative class action brought by emergency room doctors alleging, in a 210-page complaint, that opioid drug manufacturers and distributors contributed to the “opioid epidemic” by disseminating false and deceptive statements about the safety and effects of opioids in violation of RICO and state law)
Grimes v. LM Restaurants, Inc., et al., No. 5:18-cv-00370 (E.D.N.C. July 23, 2018) (purported collective and class action brought under FLSA and state wage and hour laws by assistant kitchen managers alleging they were misclassified as exempt employees and worked in excess of 40 hours a week)
Robinson v. 3rd Group Properties, LLC, et al., No. 1:18-cv-00646 (M.D.N.C. July 23, 2018) (putative class action removed from state court to federal court alleging defendants, which meter and measure water and sewer utility for individual units in multi-unit complexes, overcharged plaintiffs for their use of water and sewer utilities in violation of the Unfair and Deceptive Trade Practices Act and other state law)
Pryor, et al. v. Lakewood Camping Resort, Inc., No. 4:18-cv-01964 (D.S.C. July 17, 2018) (purported collective action brought under FLSA alleging defendant failed to pay overtime compensation to non-exempt employees)
Vanderstelt, et al. v. Snyder’s-Lance, Inc., et al., No. 4:18-cv-01963 (D.S.C. July 17, 2018) (purported collective and class action brought under federal and state wage and hour laws by stocking clerks who allege they were misclassified as independent contractors)
Search, et al. v. Material Trans., LLC, et al., No. 4:18-cv-01941 (D.S.C. July 16, 2018) (purported collective and class action brought under federal and state wage and hour laws by truck drivers who hauled raw materials and asphalt alleging they were not paid overtime compensation, hours worked were not reported on weekly pay statements, and they were denied a certain percentage of revenue the defendants earned from hauling raw material)
Mazur, et al. v. Stericycle, Inc., No. 1:18-cv-00615 (M.D.N.C. July 12, 2018) (purported class action transferred from the Northern District of Illinois against Stericycle, which handles medical waste collection and disposal services, by doctors alleging routine fraudulent and misleading increases in billing and billing in advance of services in violation of the Unfair and Deceptive Trade Practices Act)
Schlamp v. Am. Home Patient, Inc., et al., No. 6:18-cv-01893 (D.S.C. July 11, 2018) (purported collective and class action brought under FLSA and state wage and hour laws by respiratory therapists alleging defendant home healthcare provider modified timecards in order to deny overtime compensation)
Hill v. Aaron’s, Inc., No. 7:18-cv-01892 (D.S.C. July 11, 2018) (purported collective and class action removed from state to federal court alleging defendant manipulated time records of sales and account managers and failed to pay employees overtime)
Compton v. Mar Pizza, et al., No. 6:18-cv-01862 (D.S.C. July 8, 2018) (purported collective action brought under FLSA by pizza delivery drivers alleging defendants used a flawed method to calculate reimbursement rates for drivers incurring unreimbursed automobile expenses, which caused their wages to fall below the federal minimum wage requirement)
Pontusson v. Santa Fe Natural Tobacco Co., Inc., et al., No. 1:18-cv-00594 (M.D.N.C. July 6, 2018) (putative class action seeking both damages and injunctive relief against defendant cigarette manufacturer alleging that defendant misled consumers by labeling and advertising their cigarettes as “natural,” “additive free,” and “organic”)
