It might be a surprise, but many health club operators in New Jersey are not in compliance with the law. This can include the gym not being properly registered with the State’s Division of Consumer Affairs or the gym itself...more
Mandelbaum Barrett PC secured a significant victory defending a class action lawsuit filed against Retro Fitness gym franchises throughout New Jersey. After ten years of litigation, a favorable decision from the Appellate...more
Childs v. Fitness Int’l, LLC et al (U.S. District Court, EDPA, May 23, 2023) - The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to...more
Seyfarth Synopsis: New IRS FAQs provide helpful clarifications on eligible medical expenses for HSAs, FSAs, MSAs, and HRAs (including the conditions for reimbursement of those gym memberships)....more
For some, the gym is a sanctuary – an oasis. For others, the gym can be a nightmare, and an emotionally draining experience. Sexual harassment in fitness facilities is a rapidly growing problem, and one that can leave a lot...more
On January 25, 2022, the Connecticut Supreme Court ruled that local fitness centers violated Connecticut’s nondiscrimination statute by maintaining a separate workout area for women only. Two male Complainants, members...more
Executive Summary: For decades fitness facilities have been offering “women-only” sections, allowing women to exercise in private without self-image worries or unwanted male attention....more
In Washington: The Centers for Disease Control and Prevention (CDC) warned that gym users should wear masks when exercising, even if they are more than six feet apart, and gyms need to improve ventilation. A new agency report...more
COVID-19- NAAG Urges Congress to Extend CARES Act Funding Deadline- •NAAG sent a letter signed by a bipartisan group of 49 AGs to congressional leaders urging them to extend the Coronavirus Aid, Relief, and Economic...more
I. EXEMPTIONS - Resale Exemption - Domokur Aviation Services, LLC v. McClain, Ohio BTA Case No. 2019-694 (September 15, 2020). Applying the Supreme Court’s decision in Pi in the Sky, LLC v. Testa, 155 Ohio State 113,...more
After gyms closed in mid-March due to the coronavirus pandemic, LA Fitness was among the many fitness facilities faced with unforeseeable closures, outraged members, and class action litigation. Last Thursday, a Florida...more
This 15th edition of Unprecedented, our weekly update on COVID-19-related litigation, showcases new and evolving trends. This week we note how COVID-19 has accelerated a pre-existing trend toward class action litigation. And...more
Statewide Restrictions. California Gov. Gavin Newsom has ordered the closure of certain indoor businesses across the entire state of California. He has also placed additional restrictions on 30 counties, including Orange, Los...more
Now that indoor fitness centers around the country are reopening, fitness facility operators are concerned about potential liability for COVID-related illnesses. This is because even the most conscientious business operators...more
Massachusetts Governor Charlie Baker recently issued Order 43, moving Massachusetts into Phase 3 of the Commonwealth's four-phased Reopening Plan. Phase 3, like prior phases, has two steps, with Step 1 of Phase 3 taking...more
Seyfarth Synopsis: The Department of Labor and Industries (L&I) issued its first citation against an employer for violating Washington’s Safe Start Order....more
On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual...more
States are re-opening in various phases, and some exercise facilities have opened their doors once again. For most states, gyms and fitness studios shuttered for months are now considering how to operate and attempt to recoup...more
Ohio generally taxes gym, athletic club, and health spa memberships that allow members to use the facility for physical exercise. R.C. 5739.01(B)(3)(n) & (r). However, with the growing popularity of group fitness classes, the...more
One of the immediate legal trends arising from the shut down of all non-essential activities has been disputes concerning consumer refunds, with many class action suits against professional sports leagues, ticket brokers,...more
Gyms and fitness centers throughout the country… from high intensity interval training boxes to boutique spin and barre studios… are pursuing creative ways to keep their businesses profitable despite the current worldwide...more
I. Education - Rosenkrantz v. Arizona Board of Regents (D. Ariz. Mar. 27, 2020) – putative class action alleging the board failed to offer refunds for a portion of its room and board fees or other on-campus services after...more
As Americans face drastic changes to their daily routines due to the coronavirus, a South Florida plaintiff has brought a class action lawsuit against LA Fitness, alleging counts of unjust enrichment and negligence for LA...more
It’s not too often we see Dick Clark and Ryan Seacrest mentioned in SEC comments, so this recent SEC comment letter issued to Planet Fitness caught our attention. The Staff’s letter to Planet Fitness indicates that it...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials... Topgolf...more