Robinson Bradshaw

Author: Amanda Pickens Nitto

Removal Under Only CAFA Can Land You Back in State Court if the Class is Not Certified

When a class action is filed in state court, most defendants first evaluate whether the case can be removed to federal court. The Class Action Fairness Act (CAFA) offers a broader avenue to remove cases to federal court than traditional diversity jurisdiction. Removal under CAFA is permissible if (1) the amount in controversy exceeds $5,000,000 […]

5 of 7 NC Justices’ Family Members are in the Class: Will they hear the appeal?

There are 7 justices on the North Carolina Supreme Court, and 4 are required to constitute a quorum. But what if 5 of the 7 justices have a family history of public service that could prevent them from hearing an appeal? In Lake v. State Health Plan for Teachers & State Employees, 852 S.E.2d 888 […]

Recent Filings – Spring 2019 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 Spring 2019’s filings: Chrismon v. Meadow Greens Pizza, LLC, et al., No. 5:19-cv-155 (E.D.N.C. April 17, 2019) (purported collective and class action brought under FLSA and state wage and hour laws alleging […]

Recent Filings – November 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 November’s filings: Cavin v. Smith Debnam Narron Drake Saintsing & Myers, LLP, No. 1:18-cv-00995 (M.D.N.C. November 30, 2018) (putative class action alleging defendant sent misleading and deceptive collection letters stating “we assume […]

Recent Filings – October 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 October’s filings: Milroy, et al. v. Bell Partners Inc., et al. (E.D.N.C. October 30, 2018) (removal of state court complaint to federal court alleging defendant property management company hired law firms to […]

South Carolina Court Enforces Class Action Waiver Provision and Compels Arbitration

Brumfield v. Kindred Healthcare, Inc. is a putative collective action brought under the Fair Labor Standards Act by home health licensed nurses and physical therapist assistants alleging defendants failed to pay them overtime for required work activities beyond the “in-home” visits, including travel time, time spent transporting samples to labs, and time spent delivering medical […]

Recent Filings – September 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 September’s filings: Edwards, et al. v. CSX Corp., et al., No. 7:18-cv-169 (E.D.N.C. September 24, 2018) (purported class action brought by Lumberton residents alleging CSX Corporation negligently maintained an underpass on the […]

Collective Action and Class Action Settlements Require Careful Consideration

We often report in our monthly digests on cases asserting claims under the federal Fair Labor Standards Act (FLSA) and state wage and hour laws. These cases generally involve claims that a company, often a restaurant or delivery service company, failed to pay overtime, used an improper “tip pool,” or treated workers as independent contractors, […]

Recent Filings – August 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 August’s filings: Wright v. Trak-1 Tech., Inc., No. 6:18-cv-02406 (D.S.C. August 30, 2018) (purported class action brought under the Fair Credit Reporting Act alleging defendant performed criminal background checks but failed to […]

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 […]