5th Circ. Won't Revive Walmart's Opioid Suit Against Feds

By Lauren Berg (December 22, 2021, 11:04 PM EST) -- The Fifth Circuit on Wednesday declined to resurrect Walmart's suit against the U.S. Department of Justice that sought a declaration that the retail giant's opioid prescription practices are legal, saying Walmart hasn't identified a DOJ action that allows the suit to overcome sovereign immunity.

In a published opinion, the Fifth Circuit affirmed a Texas district court's dismissal of the preemptive suit that asked the court to confirm Walmart's practices conform with the Controlled Substances Act. The three-judge panel agreed that the DOJ's decision to investigate the retailer's potential civil liability for violations of the CSA is not an agency "rule" that...

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