Recent Filings – February 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 February’s filings:

McCants v. The Nat’l Collegiate Athletic Ass’n, No. 1:15-cv-00176 (M.D.N.C. Feb. 27, 2015) (removal of class action brought on behalf of University of North Carolina at Chapel Hill student athletes who enrolled in putative “sham paper classes” from 1989 to 2011, alleging negligence and breaches of fiduciary duty, implied contract, and implied covenant of good faith and fair dealing against the NCAA and UNC). The 100-page complaint was originally filed in Durham County Superior Court on January 22, 2015.

Pick v. Lenovo (United States) Inc., No. 5:15-cv-00068 (E.D.N.C. Feb. 24, 2015) (nationwide class action alleging violation of the federal wiretap act and other claims for computers sold with Superfish adware installed on them).

Campbell v. Am. Int’l Grp., Inc., No. 15-1177 (4th Cir. Feb. 20, 2015) (appeal of the U.S. District Court for the Eastern District of Virginia’s dismissal for failure to state a claim of a stockholder suit alleging violation of the Securities and Exchange Commission’s plain language rules for AIG’s 2008 prospectus description of certain equity units).

Bond v. Marriott Int’l, Inc., No. 15-1160 (4th Cir. Feb. 19, 2015) (appeal from order granting summary judgment in favor of Marriott; second amended complaint alleges violations of ERISA’s vesting provisions on behalf of a class of former Marriott employees and beneficiaries of Marriott’s stock and cash incentive retirement plan). The trial court deferred and ultimately did not need to rule on class certification. On February 24, 2015, Marriott filed a cross appeal (No. 15-1199) that has been consolidated with the Bond appeal.

Coalition for Equity and Excellence in S.C. High Educ. v. South Carolina, No. 3:15-cv-00667 (D.S.C. Feb. 13, 2015) (alleging violations of the Equal Protection Clause and Title VI of the Civil Rights Act of 1964 for failing to desegregate the state’s higher education system and implementing duplicative programming that negatively impacts students at South Carolina State University, the state’s only public historically black institution).

Lynch v. Dining Concepts Group, LLC d/b/a Wicked Tuna, No. 2:15-cv-00580 (D.S.C. Feb. 9, 2015) (restaurant workers alleging violations of the Fair Labor Standards Act for unpaid minimum wages and overtime based, in part, on alleged tip pool violations).

Ingram-Fleming v. Lowe’s Home Centers, LLC, d/b/a Lowe’s, No. 5:15-cv-00018 (W.D.N.C. Feb. 5, 2015) (transfer of nationwide class action originally filed on October 9, 2014 in the U.S. District Court for the Middle District of Florida brought on behalf of Lowe’s employees and applicants alleging violation of the federal Fair Credit Reporting Act in connection with employment background checks).