Is the Federal Trade Commission (FTC) – the agency that is supposed to protect consumers from unfair business practices – itself engaging in unfair practices in its treatment of LabMD? Who protects us from over-zealous regulators? Back in the Day In the second half of the last decade, we all began hearing more reports of inadvertent exposure…
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FTC asks court to dismiss LabMD's complaint
Well, that was quick. Yesterday, the FTC filed a motion to dismiss (.pdf) LabMD’s complaint in federal court in Georgia. Their filing cited Judge Salas’s opinion in FTC v. Wyndham, which was also released yesterday: Because the Court lacks jurisdiction, it need not reach the merits of LabMD’s challenges. But they are groundless in any event….
LabMD files suit against FTC in Georgia
Well, they said that they’d be filing again soon, and they have. Yesterday, LabMD filed a lawsuit in federal court in Georgia against the FTC that challenges its authority. For those first catching up with the legal issues, the guts of their main arguments are contained in this paragraph in their complaint: Even if Section…
Meanwhile, in the LabMD case…
The FTC has uploaded additional rulings this week. Two relate to LabMD’s motion for additional deposition of a detective involved in the day sheets aspect of the case and the FTC’s motion for sanctions for alleged non-compliance with discovery orders: Administrative Law Judge’s Order Granting in Part and Denying in Part Complaint Counsel’s Motion for…
LabMD voluntarily dismisses its lawsuit against the FTC, but says they'll be back
After recently announcing it was winding down its operations as a result of the FTC’s protracted investigation and complaint against it, LabMD voluntarily dismissed its lawsuit against the FTC last week. The chronology might suggest that the two events were related, but two people close to the case say that they are not related. LabMD’s…
Facing continued investigation and litigation, LabMD decides to wind down its operations (Updated)
Claiming that the FTC’s lengthy investigation and lawsuit against them has already cost them hundreds of thousands of dollars and seriously damaged their business, the CEO of LabMD announced this week that the Atlanta laboratory is winding down its operations. “The effects of this action will be felt throughout the medical community, from LabMD’s employees…