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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, Calif. (CNS) - A suspected unlicensed and intoxicated driver who allegedly struck and killed a Fallbrook woman while she was walking with her husband, then fled the scene and sold the involved vehicle, pleaded not guilty Tuesday to charges that include gross vehicular manslaughter while intoxicated.Pascual Cristobal Pascual, 34, of Fallbrook, is accused in the Dec. 10 death of 60-year-old Symone Conley, who was struck by a pickup truck that veered out of a traffic lane on Gird Road near Laketree Drive and jumped a curb, according to the California Highway Patrol.Conley died at the scene.Following the deadly impact, the motorist pulled over and remained in the area for a short time before driving off, the CHP reported.Deputy District Attorney David Uyar said Pascual purchased alcohol about 15 minutes prior to the deadly crash and purchased more alcohol during the weekend following the crash.Pascual was arrested three days after Conley's death, but not before he allegedly sold the vehicle involved in the crash."Not only has he demonstrated his willingness to flee and evade justice, but also to attempt to destroy evidence in the process," Uyar said.Investigators identified Pascual as the alleged hit-and-run driver based on physical evidence at the scene of the traffic fatality, statements from the victim's husband and "numerous calls and leads," CHP public-affairs Officer Mark Latulippe said.At his arraignment, San Diego Superior Court Judge Amalia L. Meza increased Pascual's bail from 0,000 to 0,000, citing concerns regarding potential flight and public safety.In addition to the manslaughter count, Pascual is charged with felony hit-and-run and DUI counts, as well as a misdemeanor count of being an unlicensed driver. 1765
VISTA (CNS and KGTV) - A man accused of killing his 7-year-old daughter at the family's Oceanside home pleaded not guilty Tuesday to murder, assault and child cruelty charges.Pedro Araujo, 27, is charged in last Wednesday's slaying of Mariah Araujo. Police have not commented on the cause of her death, but the criminal complaint indicates that a knife was used.Mariah was stabbed at least 10 times in the neck and upper body, prosecutors said. She also had defensive wounds from the attack.In addition to murder, the defendant is charged with assault on a child in regard to Mariah, and misdemeanor child cruelty involving her 6-year- old sister.RELATED: 7-year-old found dead in Oceanside home, father arrestedHe faces 26 years to life in prison if convicted of all charges.The children's grandmother made an emergency call shortly after 11 a.m. to report that she had just gone to the family's house in the 3500 block of Las Vegas Drive to pick up Mariah and her sister but had been unable to find the older girl, Oceanside police spokesman Tom Bussey said.The woman reported that her son -- the girls' father -- had been evasive about the whereabouts of his elder daughter and had blood on him, Bussey said.Officers went to the residence near Emerald Isle Golf Course and searched it, finding the victim's body in a bathroom. Detectives questioned Araujo and took him into custody on suspicion of murdering his daughter, Bussey said.Araujo's arraignment was initially scheduled for last Friday, but was postponed twice because he was being held in ``enhanced observation housing,'' according to court staff.Members of the girl's family gathered at the Vista courthouse last Friday and told reporters that Araujo was unstable and should not have been anywhere near his daughters.Karina Avina, Mariah's aunt, said Araujo did not have custody of the children as numerous Child Protective Services cases were open and ongoing against him, though the circumstances of those cases was unclear.``We want him to pay the max. That's what we want,'' Avina said. ``We don't want a few years. We don't want him to get out. He needs to pay his whole life.''Araujo is being held without bail. He's next due at the Vista courthouse on Aug. 14 for a readiness conference. 2267
WASHINGTON — The number of Americans applying for unemployment benefits rose last week to 778,000, evidence that the U.S. economy and job market remain under strain as coronavirus cases surge and colder weather heighten the risks. The Labor Department’s report Thursday said jobless claims climbed from 748,000 the week before. Before the virus struck hard in mid-March, weekly claims typically amounted to roughly 225,000. They shot up to 6.9 million during one week in March before dropping yet remain historically high more than eight months later, with many businesses unable to fully reopen. 604
VISTA (CNS) - Murder and child cruelty charges were filed Friday against a man accused of killing his 7-year-old daughter at the family's Oceanside home.Pedro Araujo, 27, is accused in Wednesday's slaying of Mariah Araujo, whose body was found in the home's bathroom.Police have not commented on her cause of death, but the criminal complaint indicates that a knife was used in her killing. In addition to murder, he's also charged with child cruelty in regards to Mariah, as well her 6-year-old sister, Viviana, who was also in the home at the time.RELATED: 7-year-old found dead in Oceanside home, father arrestedAraujo was slated to appear in a Vista courtroom Friday afternoon, but did not appear because he was being held in "enhanced observation housing," though court staff did not elaborate. He's tentatively due to be arraigned Monday afternoon.The child's grandmother made an emergency call shortly after 11 a.m. to report that she had just gone the family's house in the 3500 block of Las Vegas Drive to pick up Mariah and her sister but had been unable to find the older girl, police spokesman Tom Bussey said.The woman reported that her son -- the girls' father -- had been evasive about the whereabouts of his elder daughter and had blood on him, Bussey said.Officers went to the residence near Emerald Isle Golf Course and searched it, finding the victim's body in a bathroom. Detectives questioned Araujo and took him into custody on suspicion of murdering his daughter, Bussey said.Members of the girl's family gathered at the Vista courthouse Friday and told reporters that Araujo was unstable and should not have been anywhere near his daughters.Karina Avina, Mariah's aunt, said Araujo's mother had custody of the children as numerous CPS cases were open and ongoing against him, though the circumstances of those cases was unclear."We want him to pay the max. That's what we want," Avina said. "We don't want a few years. We don't want him to get out. He needs to pay his whole life. He needs to remember and wake up each morning that his baby's gone and he's not going to see her anymore." 2119