See Phase 4
Case of Dancers who were not fairly treated could set a "sence" as to the legal approach
Ample substantial competent evidence in the record before us, as echoed in the factual findings below, demonstrates that Milano's possessed such a right of control over the dancers at Club Orleans. Most telling, the house set various rules, and dancers' violations of those rules were punishable by fines and termination.
Having reached this conclusion, we need not take up the propriety of the Court of Appeals panel's observation that Milano's had abandoned certain arguments by failure to brief them on appeal. Even if the panel erred in this respect, it makes no difference in the outcome. We have fully considered all of Milano's arguments on all issues.
Although we have traveled to the result by a route different from that followed below, the judgments of the hearing officer and district court are affirmed. The decision of the Court of Appeals is affirmed.