Lululemon should not face securities fraud claims over its failure to have a live model test yoga tights that proved too sheer on the mat, a federal judge ruled Friday. 

     I don't think the guy who won $10 million at baccarat was cheating.
     In case you missed Dan McCue's story on our page this week, the Borgata Hotel and Casino in Atlantic City sued a guy who won $9.6 million from it, accusing him of cheating.
     The Borgata admits it took a $1 million deposit from the guy - Philip Ivey Jr. - then provided him a custom-made room and followed his precise orders, acting on the presumption, no doubt, that he was not as smart as the casino. Which was a bad bet.
     To recap the story: You win at baccarat by betting which pair of facedown cards will add up to closer to 9. You bet before the dealer deals two two-card hands. Because of the prevalence of face cards and 10s - which count for zero - if a baccarat player knows the top card is an 8 or a 9, it's safe bet to put your money on that hand.
     What Ivey did, apparently, was notice that the diamond design on the backs of the Borgata's playing cards are not perfectly symmetrical - the diamonds on one side are cut off smaller than those on the other. So if he could play one round through the eight-deck shoe, and somehow get the dealer to turn all the valuable cards, as needed, so that the short diamonds on the valuable cards would all be on the left, or the right, he could see if the top card in the shoe was a 6, 7, 8 or 9, and bet on that hand, if it was.
     So what clever device did Ivey use to get the Borgata to do this?
     He asked them to do it.
     That's right - and remember, the casino filed the lawsuit, so I'm telling the story from the casino's viewpoint.
     Because gamblers are superstitious, the casino acceded when Ivey asked it to have the dealer lay the cards on the table according to the instructions from his accomplice - who spoke to the dealer in Mandarin Chinese. The Borgata also complied with his request to have a dealer who spoke Mandarin.
     Why the Chinese speakers were necessary is beyond me. Maybe Ivey's Mandarin-speaking pal has really sharp eyes. At any rate, the dealer did just what he was told, so the second time through the shoe, after playing 104 games at house odds, Ivey knew whether the top card in the shoe was a 6, 7, 8 or 9 - because the Borgata had lined up the cards for him.
     So Ivey won $9.6 million.
     And the Borgata says he cheated.
     I don't see how. He did everything right out in the open. The casino was happy to take his million-dollar deposit. It was happy to give him a private room so it was just him against the house. It was happy to give him a dealer who spoke Mandarin. It was happy to use an automatic shuffling machine so the cards wouldn't be turned around in the shuffle, and it was happy to line up the cards however Ivey's pal told it to line them up.
     So who's cheating? It looks to me like a game between consenting adults, and one consenting adult - the Borgata - was dumber than the other one.
     The Borgata claims in its lawsuit that Ivey ran the same trick on a casino in England, and won a few million there. So what's the beef? That the Borgata found out about it too late?
     Everyone knows that house odds favor the casinos. That's how casinos stay in business. The people who run casinos are just as greedy for money as the gamblers are. The Borgata figures it's smarter than the average gambler - and it is - but it wasn't smarter than this one. Too bad for the casino.
     Next thing you know the casino will demand its money back because Ivey took advantage of the Borgata's compulsive gambling habit.

     A Texas hospital illegally revoked admitting privileges of doctors who perform abortions elsewhere after pro-life protesters demanded it, the gynecologists claim in court. 

     An Occupy Wall Street activist accused of assaulting a police officer faced a damaging day of testimony Friday from the officer who says she elbowed him in the eye and then played dead and faked a seizure.


     A BP "senior responder" to the Deepwater Horizon oil spill illegally dumped $1 million of company stock based on inside information about the catastrophe, the SEC claims in court. 

     A communications consultant who won nearly $20 million in a whistle-blower lawsuit against Verizon is barred from filing a second, similar suit, the D.C. Circuit ruled. 

     A financier who promised to introduce a Colombian resort developer to bankers in the Middle East stole $1 million and spent it on fast cars, Florida real estate and a "prolific shopping spree," the developer claims in court. 

     The Army says it has not located any new information about the health effects on veterans who were subjected to Cold War-era drug experiments known as Operation Paperclip. 

     The SEC said it has frozen millions of dollars of assets from a giant pyramid scheme that targeted Dominican and Brazilian immigrants. 

     Stockholders in Preferred Communications Systems claim in court they were cheated by management bent on paying off insiders first - including one who was allowed to buy 61,000 shares for a penny apiece. 

     Common Cause cannot sue the vice president over the Senate's filibuster rules that led to the defeat of the Disclose Act and Dream Act, the D.C. Circuit ruled. 

     Refuge-seekers facing deportation can spend more than a year in detention during the asylum process, despite a law requiring a decision within 10 days on whether they reasonably fear persecution if sent back to their homeland, according to a class action in Federal Court. 

     A railroad engineer was awarded $1.85 million by a St. Louis County jury for injuries he suffered in a 2010 accident.

     The former treasurer of a Fullerton branch of the Teamsters pleaded guilty this week to felony counts of embezzlement and tax fraud.

     A gang leader was convicted Thursday of 57 criminal counts, including racketeering and skimming credit card and PIN numbers from thousands of shoppers at 99 Cents Only Stores.

     The Department of Labor need not identify hundreds of social workers who complained about an allegedly illegal overtime policy in Washington state, the 9th Circuit ruled Friday. 

     More than 2.6 million vehicle owners affected by a General Motors recall will not face a "park it now" alert after a federal judge said highway-safety regulators deserve deference. 

     A security company is not liable after its employee helped to set "one of the largest residential arsons in Maryland history," allegedly to keep black families out, the 4th Circuit ruled. 

     Reversed by the Supreme Court, the 9th Circuit finally conceded Friday that Las Vegas is the wrong venue for professional gamblers to sue the Georgia police officer who seized their money. 

     A federal judge should have considered the immunity defense of Nebraska prison officials being sued over the confiscation of allegedly pedophilia-related mail, the 8th Circuit ruled. 

     A therapist has no duty to protect his patient from prosecution arising from the illegal possession of child pornography, the Connecticut Supreme Court ruled. 

     A patient had signs of internal bleeding and infection after a surgeon sliced her bowel in hernia surgery, but doctors did not pay attention and she died, her family claims in court. 

     Impax Laboratories must face claims from shareholders that it ignored warnings from the Food and Drug Administration about deficient manufacturing conditions, among other issues, a federal judge ruled. 

     Nissan violates six auto safety patents and Subaru violates four of them, Signal IP claims in separate federal complaints. 

     The Film-Funding Alliance sued Richard Saperstein and Anchor Bay Entertainment in a $1.7 million dispute over movie funding, in superior court.

     Caribbean Cruise Lines illegally called thousands of people's cell phones with automatic dialers, a class action claims in Federal Court. 

     Attorneys who challenged the inclusion of a former Stanford graduate student on various terror watch lists asked a federal judge to have the U.S. government pay them nearly $4 million for continued "evidence of bad faith." 

     The former email provider of National Security Agency leaker Edward Snowden should be held in contempt for trying to keep its metadata out of the government's hands, the 4th Circuit ruled. 

     Ford Motor Co. and IBM must face a class action from black South Africans accusing them of supplying the apartheid regime with military cars and computers, a federal judge ruled. 


     Capitol Records, Sony and other major labels claim Pandora Media owes royalties for exploiting thousands of copyrighted pre-1972 recordings, in New York County Supreme Court. 

     A patient claims in Lake County Court that Dr. Anil Ramachandran forcibly ejaculated into her mouth in his office; a second woman claims in a separate complaint that he sodomized her in her home.  


     Carlson Restaurants / T.G.I. Fridays stiffs workers for minimum wages, overtime and tips, a class action claims in Federal Court.

     Live Nation withheld 5 percent of the tickets to (nonparty) Bruce Springsteen concerts so it could sell them at more than face value, a class action fraud complaint claims in Federal Court.  

     Directors are selling Zygo Corp., an optical instrument maker, too cheaply through an unfair process to AMETEK, for $19.25 a share or $280 million, shareholders claim in Chancery Court.