Fed Circuit Won’t Revive

A federal appeals court on Wednesday declined to revive a lawsuit Walmart filed against the U.S. Department of Justice over federal law governing opioid prescription practices, a decision that comes as the retail giant faces separate litigation in Delaware related to the nationwide opioid crisis.

Walmart sued the government last year, asking the U.S. District Court for the Eastern District of Texas to clarify pharmacists’ obligations to refuse to fill suspicious prescriptions under the Controlled Substance Act. In the complaint, Walmart said its pharmacists can be seen as improperly second-guessing doctors’ medical judgment when they refuse to fill prescriptions, and accused the government of having “unwritten expectations” for how the company and other pharmacies should handle opioid prescriptions.


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