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Mealey's Labor & Employment - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).

Mealey's Litigation Procedure - Adult Nightclub Owner Ordered To Pay Dancers $10.87M In Damages

NEW YORK - A New York federal judge on Nov. 14, ruling on pretrial motions, ordered the employers of adult entertainers to pay more than $10.8 million in damages for various violations of federal and state wage laws (Sabrina Hart, et al. v. Rick's Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 160264).

Mealey's Litigation Procedure - California Federal Judge Dismisses UCL Claim Over Supplements, Allows Amendment

SAN FRANCISCO - A federal judge in California on Oct. 30 dismissed a putative class action complaint alleging violation of the state's unfair competition law (UCL) over the labeling of a human growth hormone supplement, saying the plaintiff alleged a substantiation claim, for which there is no private right of action, instead of a false advertising claim. The judge added that the plaintiff could amend her complaint to assert the correct cause of action (Serena Kwan v. SanMedica International, No. 14-3287, N.D. Calif.; 2014 U.S. Dist. LEXIS 154051).

Mealey's Antitrust/Unfair Competition - California Federal Judge Dismisses UCL Claim Over Supplements, Allows Amendment

SAN FRANCISCO - A federal judge in California on Oct. 30 dismissed a putative class action complaint alleging violation of the state's unfair competition law (UCL) over the labeling of a human growth hormone supplement, saying the plaintiff alleged a substantiation claim, for which there is no private right of action, instead of a false advertising claim. The judge added that the plaintiff could amend her complaint to assert the correct cause of action (Serena Kwan v. SanMedica International, No. 14-3287, N.D. Calif.; 2014 U.S. Dist. LEXIS 154051).

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Reconstitutes Chambers

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on Oct. 2 announced that it has reconstituted its chambers so that the majority of cases will now be handled by the tribunal as a full court.

Mealey's Health Law - 7th Circuit Finds Lack Of Standing, Nixes ACA Tax Challenge

MILWAUKEE - The administration's decision to delay implementation of the Patient Protection and Affordable Care Act (ACA) employer mandate does not provide a cash-only physicians group with standing, a Seventh Circuit U.S. Court of Appeals panel held Sept. 19 (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

Mealey's Health Law - Physician Group Defends Standing In ACA Tax Case From Seemingly Skeptical Panel

MILWAUKEE - A cash-only physicians group challenging the Internal Revenue Service's implementation of the Patient Protection and Affordable Care Act (ACA) faced repeated questioning during Sept. 16 oral arguments from a Seventh Circuit U.S. Court of Appeals panel seemingly skeptical of its standing (Association of American Physicians & Surgeons Inc., and Robert T. McQueeney v. John Koskinen, commissioner of the Internal Revenue Service, in his official capacity, No. 14-2123, 7th Cir.).

Mealey's Litigation Procedure - Allegations Of Malfunctioning Solar Panels Survive Motion To Dismiss

SAN FRANCISCO - Consumers adequately plead class action claims that a solar energy company violated California's unfair competition law (UCL) by selling defective solar panels because the consumers properly allege that the company made false representations and warranties about the solar panels and failed to disclose the defect and that the consumers were harmed by the company's actions, a federal judge held Sept. 8 in denying the company's bid to dismiss the claims (Michael Allagas, et al. v. BP Solar International Inc., et al., No. 14-00560, N.D. Calif.; 2014 U.S. Dist. LEXIS 126314).

Mealey's Antitrust/Unfair Competition - Allegations Of Malfunctioning Solar Panels Survive Motion To Dismiss

SAN FRANCISCO - Consumers adequately plead class action claims that a solar energy company violated California's unfair competition law (UCL) by selling defective solar panels because the consumers properly allege that the company made false representations and warranties about the solar panels and failed to disclose the defect and that the consumers were harmed by the company's actions, a federal judge held Sept. 8 in denying the company's bid to dismiss the claims (Michael Allagas, et al. v. BP Solar International Inc., et al., No. 14-00560, N.D. Calif.; 2014 U.S. Dist. LEXIS 126314).

Mealey's Litigation Procedure - Fisheries Commission Seeks Advisory Opinion From Arbitration Tribunal

THE HAGUE, Netherlands - The International Tribunal for the Law of the Sea (ITLOS) on Aug. 28 announced that Sub-Regional Fisheries Commission (SRFC) has requested an advisory opinion in relation to illegal and unreported fishing activities.

Mealey's Health Law - Judge Finds Indiana, School District Employers Allege Injury Under ACA

INDIANAPOLIS - A state and 39 school districts challenging the legality of payments imposed on large employers under the Internal Revenue Services' implementation and interpretation of Patient Protection and Affordable Care Act (ACA) regulations allege an addressable injury in fact, an Indiana federal judge held Aug. 12 (State of Indiana v. Internal Revenue Service, et al., 13-1612, S.D. Ind.).

Mealey's Insurance - AIG To Pay $970.5M To Settle Securities Law Claims In Shareholder Class Action

NEW YORK - American International Group Inc. (AIG) has agreed to pay $970.5 million to settle claims in a federal lawsuit in New York that it and several of its senior officers and directors misled investors as to AIG's exposure to the subprime mortgage lending crisis of 2008, according to a press release issued Aug. 4 (In re American International Group, Inc. 2008 Securities Litigation, No. 08-4772, S.D. N.Y.; 2013 U.S. Dist. LEXIS 60185).

Mealey's Health Law - 4th Circuit Finds ACA Tax Credit Proper Under IRS Interpretation

RICHMOND, Va. - Patient Protection and Affordable Care Act (ACA) language governing whether individuals who enroll through the federal exchange are entitled to tax credits is ambiguous enough to defer to the Internal Revenue Service's interpretation, a Fourth Circuit U.S. Court of Appeals panel held July 22 (David King, et al. v. Kathleen Sebelius, et al., No. 14-1158, 4th Cir.).

Mealey's IP/Tech - Federal Circuit: ITC Review Of Order Not Procedurally Sound

WASHINGTON, D.C. - Review by the International Trade Commission of an administrative law judge's (ALJ) denial of a motion to terminate enforcement proceedings in a dispute over dental alignment patents was not procedurally sound, the Federal Circuit U.S. Court of Appeals ruled July 18 (Align Technology Inc. v. International Trade Commission, et al., Nos. 13-1240, -1363, Fed. Cir.).

Mealey's Antitrust/Unfair Competition - Judge: UCL Claim Fails For Lack Of Unlawful Activity In California, Public Harm

ALBANY, N.Y. - An Australian technology company cannot pursue claims against a French company under California's unfair competition law (UCL) alleging that it misrepresented the performance of a licensed software product because there is no evidence that any alleged misrepresentation occurred in California and because there are no allegations of injury to the general public, a New York federal judge held July 9 (CingleVue International Pty, Ltd. v. eXo Platform NA, LLC, No. 13-818, N.D. N.Y.; 2014 U.S. Dist. LEXIS 93634).

Mealey's Labor & Employment - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Antitrust/Unfair Competition - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Health Law - IRS Report: ACA Education Efforts Deficient, Require 'Full Court Press'

WASHINGTON, D.C. - The Internal Revenue Service's current plan for educating employers regarding Patient Protection and Affordable Care Act (ACA) reporting compliance is "deficient," and the organization needs to employ a "full court press" of communication and outreach to ensure proper compliance, according to a June 11 advisory committee report.

Mealey's Litigation Procedure - Former Los Angeles Clippers Intern Files Class Complaint Seeking Unpaid Wages

LOS ANGELES - The Los Angeles Clippers (LAC Basketball Club Inc.) and The Sterling Family Trust violated the Fair Labor Standards Act (FLSA) and the California unfair competition law by failing to pay interns, a former intern alleges in his class complaint filed June 10 in the U.S. District Court for the Central District of California (Frank Cooper, et al. v. LAC Basketball Club, Inc., et al., No. 14-4445, C.D. Calif.).

Mealey's Litigation Procedure - International Tribunal For The Law Of The Sea Elects 7 Judges

HAMBURG, Germany - The International Tribunal for the Law of the Sea (ITLOS) on June 12 announced that it has elected seven tribunal members, representing equitable geographical distribution and the principal legal systems of the world.

Mealey's Litigation Procedure - Judge: Investor Failed To Plead Misrepresentation In Securities Class Action

LEXINGTON, Ky. - Dismissal of a securities class action lawsuit against a mattress manufacturer and distributor and certain of its executive officers is proper because a shareholder has failed to plead any material misrepresentations or omissions as required under the federal securities laws, a federal judge in Kentucky ruled May 23 (Norfolk County Retirement System v. Tempur-Pedic International Inc., et al., No. 12-195, E.D. Ky.; 2014 U.S. Dist. LEXIS 70859).

Mealey's Securities/D&O Liability - Judge: Investor Failed To Plead Misrepresentation In Securities Class Action

LEXINGTON, Ky. - Dismissal of a securities class action lawsuit against a mattress manufacturer and distributor and certain of its executive officers is proper because a shareholder has failed to plead any material misrepresentations or omissions as required under the federal securities laws, a federal judge in Kentucky ruled May 23 (Norfolk County Retirement System v. Tempur-Pedic International Inc., et al., No. 12-195, E.D. Ky.; 2014 U.S. Dist. LEXIS 70859).

Mealey's Health Law - IRS Finalizes Regulations Governing Exchange Data Reporting

WASHINGTON, D.C. - The Internal Revenue Service on May 2 issued final regulations governing information reporting related to enrollment in health insurance exchanges.

Mealey's PI/Product Liability - Endo Will Settle Most Pelvic Mesh Lawsuits For $830M, Company Says

DUBLIN, Ireland - Endo International PLC on April 30 said it has reached agreements in principle with several plaintiff law firms to settle the majority of the 20,000 American Medical Systems (AMS) pelvic mesh lawsuits for about $830 million.

Mealey's Insurance - No Shelter In ACA For Grant Recipient Contractors, Tax Judge Says

WASHINGTON, D.C. - No legal support exists for a man's claim that the Patient Protection and Affordable Care Act (ACA) exempts independent contractors of grant recipients from self-employment taxes, and the law is "devoid" of any language to that affect, a tax court judge held April 22 (Harris He Wang v. Commissioner of Internal Revenue, No. 4306-13S, U.S. Tax; 2014 Tax Ct. Summary LEXIS 42).