Judge Doubts Walmart's Preemptive Opioid Suit Can Prevail

Law360 (January 26, 2021, 8:08 PM EST) -- Walmart Inc. is on "slippery" ground arguing that enforcement threats from the U.S. Department of Justice allow the retailer to seek a court declaration that its prescription opioid sales are lawful, a Texas federal judge said at a hearing Tuesday.

During a three-hour hearing on the DOJ's motion to dismiss Walmart's preemptive strike in the opioid litigation, U.S. District Judge Sean D. Jordan pressed the company for evidence that the DOJ had taken what constitutes a "final agency action" that can be challenged under the Federal Declaratory Judgment Act. The DOJ's position is the FDJA can't be the basis for Walmart's...

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