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:

Duckworth v. Lumber Liquidators, Inc., No. 5:15-cv-42 (W.D.N.C. Mar. 31, 2015) (asserting statewide class action for purported defects in Lumber Liquidators’ Chinese wood flooring). This is the first North Carolina case involving Lumber Liquidators’ allegedly defective flooring, which is already the subject of the Green, White, Sahn, and Watson cases in South Carolina.

Parker v. A Backyard Creation, LLC, No. 4:15-cv-1389 (D.S.C. Mar. 26, 2015) (asserting collective action for unpaid overtime compensation under the Fair Labor Standards Act arising from allegedly improper reclassification of “pool tech” workers in March 2014).

Barrett v. Local Lighthouse, Inc., No. 3:15-cv-132 (W.D.N.C. Mar. 19, 2015) — Seeking injunctive relief and statutory damages on behalf of two proposed nationwide classes, Plaintiff has sued Local Lighthouse, Inc. (“Lighthouse”) for violations of the Telephone Consumer Protection Act (“TCPA”). The complaint asserts that Lighthouse has violated the TCPA through both repeated telemarketing calls to telephone numbers on the Do Not Call Registry (the “Do Not Call Class”) and unsolicited prerecorded telemarketing calls to individuals without their consent (the “Robocall Class”). To prevent a preemptive “buy off,” Plaintiff filed a motion for class certification the same day as his complaint.

Watson v. Lumber Liquidators, Inc., No. 3:15-cv-1259 (D.S.C. Mar. 18, 2015) (alleging nationwide class action for purported defects in Lumber Liquidators’ laminate Chinese wood flooring). Unlike Sahn, White, and Green, this case includes one named plaintiff who resides outside South Carolina and asserts a subclass of individuals whose flooring actually contains the alleged defects. As with Sahn and White, Watson has been assigned to the federal judge handling Green.

Sahn v. Lumber Liquidators, Inc., No. 2:15-cv-1176 (D.S.C. Mar. 12, 2015) (alleging nationwide class action for purported defects in Lumber Liquidators’ Chinese wood flooring). Seeking similar relief and raising similar claims as in Green v. Lumber Liquidators, Inc., this case has been assigned to the federal judge handling Green.

White v. Lumber Liquidators, Inc., No. 2:15-cv-1175 (D.S.C. Mar. 12, 2015) (alleging breach of warranty claims for purported defects in Lumber Liquidators’ laminate Chinese wood flooring). With a class limited to South Carolina residents, this case has been assigned to the federal judge handling Green v. Lumber Liquidators, Inc., No. 4:15-cv-1111.

Mazur v. Stericycle, Inc., No. 1:15-cv-224 (M.D.N.C. March 12, 2015) (contract and UDTP complaint by class of individuals who entered into “standard contracts” with defendant to dispose of medical waste; filed under CAFA and in the apparent aftermath of a qui tam proceeding).

Green v. Lumber Liquidators, Inc., No. 4:15-cv-1111 (D.S.C. Mar. 9, 2015) — This purported nationwide class action brings a bevy of claims, including for negligence, breach of warranty, violation of South Carolina Code § 15-73-10, and fraud, against Lumber Liquidators, Inc. and its affiliates for alleged defects in its “Chinese wood flooring material (‘Chinese Flooring’).” The complaint defines a nationwide injunctive and damages class as well as an alternate damages class limited to individuals in South Carolina who have purchased and installed such Chinese Flooring.

Scofield v. Anthem, Inc., No. 4:15-cv-00040 (E.D.N.C. Mar. 5, 2015) (state-wide class action alleging negligence, breach of fiduciary duty, breach of contract, negligent misrepresentation, unjust enrichment, and unfair and deceptive trade practices related to “massive” data breach of personally identifiable information).

Crank v. Elauwit, LLC, No. 3:15-cv-01057 (D.S.C. Mar. 4, 2015) (collective action alleging violations of the Fair Labor Standards Act for unpaid overtime brought on behalf of field technicians who provided fiber optic networking services).

Irvine v. Destination Wild Dunes Mgmt., Inc., No. 2:15-cv-00980 (D.S.C. Mar. 1, 2015) (collective action alleging violations of the Fair Labor Standards Act for unpaid wages and overtime based, in part, on tip credit violations at the Sea Island Grill restaurant and related restaurants at the Wild Dunes resort).