Lawsuit Against
- According to the attorneys involved, the coming tsunami of legal action against the COVID-19 tyrants within and outside government represents the biggest set of tort lawsuits in human history.
- Jan 28, 2021 In fact, this practice is so widespread that it’s been given a name— Strategic Lawsuits Against Public Participation (SLAPP). According to California lawyer Aaron Morris, this term refers to a lawsuit where the plaintiff “does not care whether they win the lawsuit” and is only interested in getting the defendant to give up due to “fear, intimidation, mounting legal costs or simple exhaustion.”.
- 2 days ago The stock trading app Robinhood was hit with a class-action lawsuit Thursday almost immediately after restricting the trading of stocks popularized by a Reddit forum. The suit, filed in the.
- Michael Cohen, the president's former (and now disbarred) personal lawyer, filed a lawsuit in a New York court against the Trump Organization in 2019, accusing it of failing to pay him nearly $2.
Jan 25, 2021 Dominion Voting Systems filed a defamation lawsuit Monday against former President Donald Trump's personal attorney Rudy Giuliani. The $1.3 billion lawsuit accuses Giuliani of pushing.
NRA says they will prevail over New York's 'political vendetta'
A New York lawsuit alleges the NRA and leader Wayne LaPierre engaged in decades of fraud to drain the organization's funds for personal gain; Laura Ingle reports.
The National Rifle Association is fighting back against a lawsuit filed Thursday by New York’s attorney general by submitting its own civil suit against the state official, accusing her of defamation and violating its rights to free speech.
The NRA’s lawsuit was filed in the federal court of New York and alleges Attorney General Letitia James “made the political prosecution of the NRA a central campaign theme” when she was running for the AG’s office in 2018, and has not treated the association fairly since.
“Despite hopes that playing by the rules would procure a just outcome, the NRA has not been treated fairly by James’s office,” the 19-page suit states. “The New York Democratic Party political machine seeks to harass, defund, and dismantle the NRA because of what it believes and what it says.”
The defamation allegations stem from James' public descriptions of the NRA as a 'criminal enterprise' and 'a terrorist organization.'
“James boasted that she would strike foul blows against the NRA and pound the NRA into submission. She vowed that she would use the NYAG’s investigative and enforcement powers for the precise purpose of stanching political speech (‘deadly propaganda),” the lawsuit states. “She has begun to deliver on her campaign promises to retaliate against the NRA for constitutionally protected speech on issues that James opposes. As NYAG, James has regrettably succumbed to ‘individual passions, and individual malevolence.’”
President Trump also slammed James’ suit against the group, calling it “a very terrible thing.”
“I think the NRA should move to Texas and lead a very good and beautiful life. And I’ve told them that for a long time. I think they should move to Texas – Texas would be a great state or to another state of their choosing – but I would say that Texas would be a great place and an appropriate place for the NRA.”
James sued the NRA, which is headquartered in Fairfax, Va., in an effort to dissolve the gun-rights group “for years of self-dealing and illegal conduct,” she announced Thursday.
The lawsuit, filed Thursday in the Supreme Court of the State of New York, alleges that the NRA “diverted millions of dollars away from its charitable mission for personal use by senior leadership.” She further slammed the association for what she called “years of self-dealing and illegal conduct that violate New York’s charities laws and undermine its own mission.”
The 166-page lawsuit names four NRA executives, including CEO Wayne LaPierre, as defendants.
“Contrary to his statutory duties of care, loyalty and obedience to the mission of the charity, LaPierre has undertaken a series of actions to consolidate his position; to exploit that position for his personal benefit and that of his family; to continue, by use of a secret “poison pill contract,” his employment even after removal and ensuring NRA income for life; and to intimidate, punish, and expel anyone at a senior level who raised concerns about his conduct,” the attorney general's lawsuit states.
James' office teased what it said would be a “major announcement” in an email sent out Tuesday night.
James said the actions of the accused quartet “contributed to the loss of more than $64 million in just three years for the NRA.”
While the lawsuit accuses all four men of wrongdoing and seeks fines and remuneration, none of them have been charged with a crime.
In turn, NRA President Carolyn Meadows responded by calling the lawsuit a “baseless, premeditated attack” on the group and the Second Amendment.
“You could have set your watch by it: the investigation was going to reach its crescendo as we move into the 2020 election cycle,” Meadows said. “It’s a transparent attempt to score political points and attack the leading voice in opposition to the leftist agenda.”
Lawsuit Against Lawyer
She further called the suit “a desperate move that is part of a rank political vendetta.”
“This has been a power grab by a political opportunist,” she said. “Our members won’t be intimidated or bullied in their defense of political and constitutional freedom … we not only will not shrink from this fight – we will confront it and prevail.”
Also on Thursday, Washington D.C. District Attorney Karl Racine announced his office was suing the NRA Foundation for “misusing charitable funds.” He has been investigating the NRA Foundation for more than a year.
“Donors gave money to fund firearms safety, firearms education and marksmanship training,” Racine alleged. “Instead, that money was diverted to support wasteful spending by the NRA and its executives.”
In a statement provided to Fox News, a spokesperson for the National Shooting Sports Foundation, a guns-trade group, said the association was 'troubled' by James' decision, which he called 'politically-driven.'
In the lawsuit, spokesperson Mark Oliva said, 'James seeks to punish the over five million members of the National Rifle Association based on mere allegations of possible wrongdoing by a few individuals.'
'NSSF is deeply concerned about the apparent political agenda to silence the strongest voice in support of the Second Amendment ahead of the election in November,' Oliva added. 'This lawsuit, and one filed today by the District of Columbia Attorney General, should concern all Americans who cherish both the First and Second Amendments to our Constitution regardless of their views on what laws and regulations are appropriate to address the criminal misuse of firearms.
The Associated Press contributed to this report.
Complaint Alleges Company Unlawfully Dispensed and Distributed Prescription Opioids
In a civil complaint filed today, the Department of Justice has alleged that Walmart Inc. unlawfully dispensed controlled substances from pharmacies it operated across the country and unlawfully distributed controlled substances to those pharmacies throughout the height of the prescription opioid crisis.
The complaint alleges that this unlawful conduct resulted in hundreds of thousands of violations of the Controlled Substances Act (CSA). The Justice Department seeks civil penalties, which could total in the billions of dollars, and injunctive relief.
“It has been a priority of this administration to hold accountable those responsible for the prescription opioid crisis. As one of the largest pharmacy chains and wholesale drug distributors in the country, Walmart had the responsibility and the means to help prevent the diversion of prescription opioids,” said Jeffrey Bossert Clark, Acting Assistant Attorney General of the Civil Division. “Instead, for years, it did the opposite — filling thousands of invalid prescriptions at its pharmacies and failing to report suspicious orders of opioids and other drugs placed by those pharmacies. This unlawful conduct contributed to the epidemic of opioid abuse throughout the United States. Today’s filing represents an important step in the effort to hold Walmart accountable for such conduct.”
“We entrust distributors and dispensers with the responsibility to ensure controlled substances do not fall into the wrong hands,” said Drug Enforcement Administration (DEA) Acting Administrator Timothy Shea. “When processes to safeguard against drug diversion are violated or ignored, or when pharmacies routinely fill illegitimate prescriptions, we will hold accountable anyone responsible, including Walmart. Too many lives have been lost because of oversight failures and those entrusted with responsibility turning a blind eye.”
The result of a multi-year investigation by the department’s Prescription Interdiction & Litigation (PIL) Task Force, the complaint filed in the U.S. District Court for the District of Delaware alleges that Walmart violated the CSA in multiple ways as the operator of its pharmacies and wholesale drug distribution centers. The complaint alleges that, as the operator of its pharmacies, Walmart knowingly filled thousands of controlled substance prescriptions that were not issued for legitimate medical purposes or in the usual course of medical practice, and that it filled prescriptions outside the ordinary course of pharmacy practice. The complaint also alleges that, as the operator of its distribution centers, which ceased distributing controlled substances in 2018, Walmart received hundreds of thousands of suspicious orders that it failed to report as required to by the DEA. Together, the complaint alleges, these actions helped to fuel the prescription opioid crisis.
If Walmart is found liable for violating the CSA, it could face civil penalties of up to $67,627 for each unlawful prescription filled and $15,691 for each suspicious order not reported. The court also may award injunctive relief to prevent Walmart from committing further CSA violations.
“For years, Walmart failed to meet its obligations in distributing and dispensing dangerous opioids and other drugs,” said Deputy Assistant Attorney General Daniel J. Feith of the Civil Division’s Consumer Protection Branch. “We look forward to advancing this case with our DOJ partners.”
“The opioid crisis has exacted a catastrophic human toll upon the residents of our district and upon our country,” said U.S. Attorney for the Middle District of Florida Maria Chapa Lopez. “National pharmacy chains must meet their legal obligations when dispensing and distributing these powerful medications. The filing of this complaint in collaboration with the Department of Justice and other United States Attorneys’ Offices demonstrates our firm commitment to enforcing these critical legal requirements.”
“As a pharmacy that fills prescriptions for controlled substances, Walmart has an obligation to fill only those prescriptions that are legitimate,” said Acting U.S. Attorney for the Eastern District of New York Seth D. DuCharme. “As a wholesale drug distributor, Walmart also had an obligation to notify DEA of suspicious orders of controlled substances. Walmart failed to comply with both of its obligations, and thereby failed in its responsibility to prevent the diversion of controlled substances.”
“Today’s complaint is the culmination of a painstaking investigation by my office and our Department of Justice colleagues that uncovered years of unlawful conduct that did untold damage to communities around the country, including here in Colorado,” said U.S. Attorney for the District of Colorado Jason R. Dunn. “We look forward to pursuing justice and holding the company accountable for its conduct.”
“Opioid addiction and abuse have devastated communities across our nation, and eastern North Carolina is no exception,” said U.S. Attorney for the Eastern District of North Carolina Robert Higdon Jr. “Walmart’s failures only made these problems worse. For example, our office prosecuted a physician for illegal opioid distribution. A jury convicted him just last year, and he is currently serving a twenty-year prison sentence. As it turns out, that physician expressly directed patients to Walmart to have their opioid prescriptions filled. Walmart’s own pharmacists reported concerns about the doctor up the corporate chain, but for years, Walmart did nothing—except continue to dispense thousands of opioid pills. My office will continue to work with others in the Department to ensure that Walmart — and all others who had a role to play in this ongoing opioid crisis — are held responsible.”
“The misuse of prescription painkillers is a public health crisis,” said U.S. Attorney for the District of Delaware David C. Weiss. “DEA registrants must understand that licensure is a privilege, not a right. Whenever that privilege is abused, whether by the smallest local provider or the largest national chain, our office and the Department of Justice will take all necessary steps to enforce the law and keep the public safe.”
The claims made in the complaint are allegations that United States must prove if the case proceeds to trial.
The United States is represented in the filed action by attorneys from the Department of Justice Civil Division’s Consumer Protection Branch and from the U.S. Attorneys’ Offices for the District of Colorado, District of Delaware, Eastern District of North Carolina, Eastern District of New York, and Middle District of Florida. The DEA’s Dallas Field Division and Diversion Control Operations personnel investigated the case. The DEA’s Office of Chief Counsel and the Criminal Division’s Narcotic and Dangerous Drug Section provided substantial support.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch. For information about the U.S. Attorneys’ Offices, visit: District of Colorado, https://www.justice.gov/usao-co; District of Delaware https://www.justice.gov/usao-de; Eastern District of North Carolina https://www.justice.gov/usao-ednc; Eastern District of New York https://www.justice.gov/usao-edny; Middle District of Florida https://www.justice.gov/usao-mdfl. Information about the DEA is available at www.dea.gov.