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:

Mosley, et. al v. FanDuel, Inc., et al., No. 15-CV-912 (M.D.N.C. Oct. 30, 2015) (class action complaint alleging that two companies operating daily fantasy sports websites violate N.C. Gen. Stat. Section 75-1.1 and other common-law principles)

Smith, et. al. v. BB&T Corp., et.al., No. 1:15-CV-00841(M.D.N.C. October 8, 2015) (putative class action seeking injunctive relief and alleging defendants mismanaged its 401(k) savings plan in violation of ERISA).

Colter v. Omni Insurance Co. and Omni Indemnity Co., No. 3:15-CV-04171 (D.S.C. October 8, 2015) (notice of removal of class action on behalf of insureds alleging that an insurance company improperly deducted an amount from a property settlement payment arising out of a car accident – the amount reflected the depreciation value of the car’s muffler which was replaced after the accident).

Madison at Hamlin Plantation Townhome Association, Inc., et. al. v. JW Homes, LLC, et. al., No. 2:15-CV-04120 (D.S.C. October 6, 2015) (notice of removal of class action on behalf of townhome owners and homeowners association members alleging that JW Homes intentionally depleted the assets of Wieland Homes when it acquired the company, leaving class members who have sued Wieland Homes for construction defects with no assets to fulfill future judgments against Wieland Homes).

McCray v. City of Goose Creek, No. 2:15-CV-04115 (D.S.C. October 5, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act and alleging that defendant municipality required plaintiff sanitation workers to dispose of garbage at a landfill during their unpaid scheduled meal breaks, and failed to pay for overtime, sick days, and vacation time).

Brown, et. al. v. Five Star Quality Care, Inc., No. 2:15-CV-04105 (D.S.C. October 2, 2015) (asserting Fair Labor Standards Act collective action and class action under the South Carolina Payment of Wages Act brought by care managers who provided hands-on care to residents with Alzheimer’s and dementia, alleging that defendant operator of an assisted living facility required employees to work “off the clock” and failed to pay overtime).