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Walmart is suing the U.S. government in a pre-emptive strike in the battle over its responsibility in the opioid abuse crisis.The government is expected to take civil action against the world’s largest retailer, seeking big financial penalties, for the role its pharmacies may have played in the crisis by filling opioid prescriptions.But on Thursday, Walmart filed a lawsuit saying that the Justice Department and the Drug Enforcement Administration are blaming the company for the government’s own lack of regulatory and enforcement policies to stem the crisis.Walmart says it is seeking a declaration from a federal judge that the government has no lawful basis for seeking civil damages from the company. It is also seeking to clarify its legal rights and duties under the Controlled Substance Act.Walmart operates more than 5,000 pharmacies in its stores around the country.“Walmart and its pharmacists find themselves in an untenable position,” the company based in Bentonville, Arkansas, says in the lawsuit filed in the U.S. District Court in the Eastern District of Texas. “Under defendants’ sweeping view, Walmart and its pharmacists may be held liable — perhaps even criminally — for failing to second-guess DEA-registered doctors and refuse their prescriptions. But if pharmacists do so, they may face the wrath of state medical boards, the medical community at large, individual doctors, and patients.”Walmart says in the suit that the Justice Department identified hundreds of doctors who have written problematic prescriptions that Walmart’s pharmacists allegedly should not have filled. But nearly 70% continue to have active registrations with the DEA, the lawsuit says.“In other words, defendants want to blame Walmart for continuing to fill purportedly bad prescriptions written by doctors that DEA and state regulators enabled to write those prescriptions in the first place and continue to stand by today,” the suit says.The lawsuit names the Justice Department and Attorney General William Barr as defendants. It also names the DEA and its acting administrator, Timothy Shea.In the suit, Walmart describes a government probe of the company that began in December 2016 and calls it a “misguided criminal investigation” conducted by the U.S. Attorney’s office for the Eastern District of Texas. Walmart says it fully cooperated with the probe.In the spring of 2018, the office advised that it intended to indict the company. In August 2018, Walmart said that officials at the Department of Justice recognized that there was no plausible basis for a criminal indictment, and the department formally declined to prosecute Walmart. But the civil investigation continued.The initial investigation was a subject of a story in ProPublica published in March. ProPublica reported that Joe Brown, then U.S. attorney for the Eastern District of Texas office, spent years pursuing a criminal case against Walmart for its opioid prescription practices, only to have it stymied after the retail giant’s lawyers appealed to senior officials in the Justice Department.Two months later, Brown resigned. He didn’t give a reason for his departure except to say he would be “pursuing opportunities in the private and public sectors” and “some of those will become apparent in the coming days. Brown went into private practice in the Dallas areaA spokeswoman for the U.S. attorney’s office in Texas that handled the investigation referred questions to the Justice Department in Washington. The Justice Department declined to comment. 3541
VISTA (CNS) - A Catholic priest who grabbed a seminary student's groin from behind in a restroom stall during a night of drinking at a Carlsbad restaurant was convicted of misdemeanor sexual battery Monday.A jury deliberated about two hours before finding the Rev. Juan Garcia Castillo guilty.Castillo, who had worked at St. Patrick's Church in Carlsbad since 2011, faces six months in jail and registration as a sex offender when he is sentenced Jan. 18, said Deputy District Attorney Joshua Brisbane.The 33-year-old victim -- a former Navy attorney who left the military to join the priesthood -- testified that he had met Castillo the night before the incident, which happened about 1 a.m. on Feb. 4.According to court testimony, the victim went to the restroom to be sick, and was in a stall when Castillo grabbed his genitals from behind.The victim testified that he told Castillo to go away, but the defendant came back in the stall and massaged the victim's groin in a sexual way.Castillo, 35, testified that he followed the victim into the restroom because it looked like he was going to be sick. The priest said he tried to put pressure on the victim's stomach to stop his vomiting because his mother had taught him that trick as a child.The Roman Catholic Diocese of San Diego suspended Castillo once it learned of the "credible allegation" against him. 1371
WASHINGTON — The Supreme Court has refused to block the execution of four federal prison inmates who are scheduled to be put to death in July and August. The executions would mark the first use of the death penalty on the federal level since 2003. The justices rejected an appeal from four inmates who were convicted of killing children. The court’s action leaves no obstacles standing in the way of the executions, the first of which is scheduled for July 13. The inmates are separately asking a federal judge in Washington to impose a new delay on their executions over other legal issues that have yet to be resolved. 628
VISTA, Calif. (KGTV) - The former NFL player accused of raping a 17-year-old girl while she was unconscious has been bound over for trial. The preliminary hearing is over a 2003 incident in which Winslow Jr. is accused of raping the teen while she was unconscious.Winslow Jr. was 19 years old at the time of the alleged incident, prosecutors said. He pleaded not guilty in the case.RELATED: Kellen Winslow II, the former NFL player accused of rape, kidnapping, ordered to stand trialIn July, the 34-year-old Winslow Jr. was ordered to stand trial in a separate case in which he is accused in the rape and kidnapping of two women -- a 59-year-old and a 54-year-old -- in Encinitas.The son for former Chargers legend Kellen Winslow pleaded not guilty in that case.Winslow Jr. faces life in prison if convicted in the case. 833
Wall Street is worried about a trade war.The Dow dropped 420 points on Thursday after President Trump said his administration will impose tariffs on steel and aluminum imports. The Nasdaq and the S&P 500 declined 1.3% apiece.Trump's controversial tariff announcement caught investors off guard and immediately raised concerns about retaliation from China or other major U.S. trading partners."This is the first shot across the bow over a trade war," said Art Hogan, chief market strategist at B. Riley FBR. "And nobody wins a trade war."Trump said his administration would impose a 25% tariff on steel imports and a 10% tariff on aluminum. It was not immediately clear whether Trump would exempt some countries from the tariffs, as his national security advisers have urged him to do to avoid hurting U.S. allies.Corporate America has warned Trump that tariffs could backfire. Last month, the Business Roundtable warned of the risk of "foreign retaliation" that would "harm the U.S. economy."Investors will be looking to see how U.S. trading partners react to the tariffs.Beyond worries about retaliation, the tariff news drove concerns about rising costs for companies that rely heavily on aluminum and steel, like auto and plane makers. Imports make up about a third of the steel American businesses use every year, and more than 90% of aluminum used here. Shares of Boeing fell 3% General Motors dipped 4%, and Ford dropped 3%.Related: NY Fed chief: Tariffs risk 'trade war'If the tariffs result in higher prices on steel and aluminum, companies that rely on those products may pass on some of the costs to consumers. That raises the specter of creeping inflation."This clearly will [lead to] higher prices in the production chain, which is part of the inflation path," said Quincy Krosby, chief market strategist at Prudential Financial.The timing of the tariff news surprised Wall Street. A formal announcement was expected at some point Thursday, but then it was called off. Later, Trump mentioned his tariff plans in a hastily arranged listening session with steel and aluminum executives. And he didn't provide crucial details, such as whether certain countries will be exempted.Concerns about trade come at an already shaky time on Wall Street. The S&P 500 and Dow fell about 4% in February, their worst month in two years. Fears about inflation and soaring bond yields caused a surge in volatility, including two 1,000-point plunges for the Dow.The market had come back as investors focused on the strong economy and booming corporate profits. But stocks fell sharply again on Tuesday and Wednesday, putting the Dow is back in negative territory for the year.Turbulence has picked up as well. The VIX volatility index spiked 15% on Thursday. Selling pressure will climb as volatility increases, Krosby said.At least two corners of the stock market cheered Trump's tariff announcement. U.S. Steel and AK Steel soared 6% and 10%, respectively.Century Aluminum also spiked 7%. Another major aluminum maker, Alcoa, gained 1%.Trump's tariff moves could force investors to confront another trade issue: NAFTA. Trump has repeatedly threatened to tear up this major trade deal with Canada and Mexico. Talks to renegotiate NAFTA, a major piece of the U.S. economy, have so far failed to produce a solution."It sets off the protectionist fears that had been lying dormant," said Hogan.— CNN's Jeremy Diamond contributed to this report.The-CNN-Wire? & ? 2018 Cable News Network, Inc., a Time Warner Company. All rights reserved. 3547