Feds Call Walmart Preemptive Opioid Suit Improper

Law360 (December 7, 2020, 7:01 PM EST) -- The U.S. Department of Justice has asked a Texas federal judge to toss Walmart's request for a holding that it can't be held liable for its current opioid prescription practices, arguing the retail giant's premature litigation improperly asks the judiciary to review prosecutorial activity.

In a Friday filing, the DOJ argued that an Eastern District of Texas judge should dismiss Walmart Inc.'s October lawsuit, calling it a "public-relations stunt under the guise of preemptive litigation." Walmart's only proper course of action would be to file its arguments as defenses if the agency ever brought suit against the retail chain, the agency...

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