DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Federal court dismisses LabMD's complaint against the FTC

Posted on May 12, 2014 by Dissent

Well, only minutes ago I had said Judge Duffey of the District Court for the Northern District of Georgia might still be persuaded by the government’s arguments about jurisdiction, however annoyed he appeared with the FTC. And I was right. He just dismissed LabMD’s complaint, finding that the complaint was not ripe for review because the FTC’s actions do not constitute a reviewable “final agency action.” Here’s a snippet from the beginning of the Legal Analysis section of the opinion and order:

Under § 704 of the APA, “[a]gency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review.” 5 U.S.C. § 704. “The requirement of a final agency action has been considered jurisdictional. If the agency action is not final, the court therefore cannot reach the merits of the dispute.” Nat’l Parks Conservation Ass’n v. Norton, 324 F.3d 1229, 1236 (11th Cir. 2003) (internal citations and quotation marks omitted).

I’ve uploaded the opinion and order, here (pdf).

Correction: In a previous version, Judge Duffey’s last name was spelled incorrectly. 

Related posts:

  • No southern comfort for the FTC in a Georgia federal court?
Category: Health Data

Post navigation

← No southern comfort for the FTC in a Georgia federal court?
FL: Hollywood Man Pleads Guilty In Million Dollar Identity Theft Tax Refund Fraud →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • National Health Care Fraud Takedown Results in 324 Defendants Charged in Connection with Over $14.6 Billion in Alleged Fraud
  • Swiss Health Foundation Radix Hit by Cyberattack Affecting Federal Data
  • Russian hackers get 7 and 5 years in prison for large-scale cyber attacks with ransomware, over 60 million euros in bitcoins seized
  • Bolton Walk-In Clinic patient data leak locked down (finally!)
  • 50 Customers of French Bank Hit by Insider SIM Swap Scam
  • Ontario health agency atHome ordered to inform 200,000 patients of March data breach
  • Fact-Checking Claims By Cybernews: The 16 Billion Record Data Breach That Wasn’t
  • Horizon Healthcare RCM discloses ransomware attack in December
  • Disgruntled IT Worker Jailed for Cyber Attack, Huddersfield
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • The Trump administration is building a national citizenship data system
  • Supreme Court Decision on Age Verification Tramples Free Speech and Undermines Privacy
  • New Jersey Issues Draft Privacy Regulations: The New
  • Hacker helped kill FBI sources, witnesses in El Chapo case, according to watchdog report
  • Germany Wants Apple, Google to Remove DeepSeek From Their App Stores
  • Supreme Court upholds Texas law requiring age verification on porn sites
  • Justices nix Medicaid ‘right’ to choose doctor, defunding Planned Parenthood in South Carolina

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.