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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

WASHINGTON — A member of the White House coronavirus task force says the increase in U.S. cases isn’t just because of more testing.Admiral Brett Giroir of the U.S. Public Health Service Commissioned Corps. says the proof of the increase is the uptick in hospitalizations and deaths nationwide from COVID-19, the disease caused by the coronavirus.Cases of the virus are spiking across the country, particularly across the upper Midwest. Last week, the U.S. recorded two days of record increases of new COVID-19 cases.President Donald Trump has been saying the U.S. is “rounding the turn” on the pandemic. The president also contends the news media are spending too much time focusing on the health crisis.However, a model by the Institute for Health Metrics and Evaluation at the University of Washington — a model routinely cited by the White House — notes that hospital resource use has risen steadily in recent weeks and is projected to spike in the coming days.Giroir, who was put in charge of coronavirus testing by Trump, says the nation is at “another critical point” in the response to the pandemic.He is urging people to keep wearing masks, wash their hands and practice social distancing. Giroir says a safe and effective vaccine is “around the corner.” 1270

VISTA, Calif. (KGTV) -- San Diego County Crime Stoppers along with investigators from the San Diego County Sheriff’s Department’s Homicide Detail are asking for the public’s help searching for a person who went missing in October.Authorities say Maria Elena Guzman-Cordova is missing under suspicious circumstances.Deputies say Guzman-Cordova left her home on the 1600 block of North Santa Fe Avenue around 9 p.m. on October 13. Guzman-Cordova was last seen on foot possibly wearing a black shirt and black leggings.Deputies say Guzman-Cordova may suffer from depression.Anyone with information is asked to call the San Diego County Sheriff’s Department’s Homicide Detail at (858) 974-2321 or the Crime Stoppers anonymous tip line at (888) 580-8477. 757

VISTA, Calif. (KGTV) — Jurors have reached a verdict in the trial of a documented Escondido gang member accused of killing a passing motorist while attempting to shoot rival gang members.Dionicio Torrez Jr., 25, was charged with murder in connection with the death of 55-year-old Catherine Kennedy.Friday, jurors found Torrez Jr. guilty of first-degree murder with a special-circumstance gang allegation, attempted murder, and shooting at an occupied vehicle. He will be sentenced on Dec. 20.RELATED: 514

WASHINGTON — A handful of states remained in play Friday in the tightly contested U.S. presidential race. The outcome of contests in Georgia, North Carolina, Pennsylvania and Nevada will determine whether Democrat Joe Biden or President Donald Trump wins.The solidly Republican state of Alaska has also not been called because it is only 50% counted and will not release absentee numbers until Nov. 10. It is not expected to impact the outcome.The Associated Press reviews the states that will determine the presidency:___GEORGIA: Outstanding ballots left to be counted in counties where Biden has performed well.THE BACKGROUND: Early Wednesday, Trump prematurely claimed he carried Georgia.“It’s ... clear that we have won Georgia. We’re up by 2.5%, or 117,000 (votes) with only 7% (of the vote) left” to count, Trump said during an early morning appearance at the White House. He also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear exactly what legal action he might pursue.The race is too early to call. With an estimated 99% of the vote counted there, Biden had overtaken Trump by more than 900 votes Friday morning, with thousands more ballots left to be counted.That includes mailed ballots from population-dense counties in the Atlanta metro region that lean Democratic. Biden is overperforming Hillary Clinton’s 2016 showing in those counties, including in their more upscale suburban reaches.___NEVADA: Race too early to call; vote count will continue for several more days.THE BACKGROUND: Democrat Joe Biden leads by less than 1 percentage point in Nevada over President Donald Trump, with more than 1.2 million ballots counted.That’s after election officials in Nevada released updated returns on Thursday, including a batch of 14,285 and 12,189 ballots, respectively, in the state’s two largest counties, Clark and Washoe.Overall, officials have tallied a little more than three-quarters of the state’s expected vote. Under state law, ballots postmarked by Election Day will still be counted if they arrive by Tuesday, Nov. 10. Clark County said Thursday it did not expect to complete counting the bulk of its mail votes until this weekend.Among the ballots still left to be processed in Nevada this year are provisional ballots, including 60,000 in Clark County, where most of the state’s voters live. Those ballots were mostly cast by voters who registered on Election Day and will be counted after officials verify their eligibility to be included.In a tight race, that could delay the AP declaring a winner. For example, in the 2004 race between George W. Bush and John Kerry, the AP did not call the winner of the election in Ohio until it was able to confirm that Bush’s lead exceeded the number of provisional ballots left to be counted.Nevada, once a swing state, has trended toward Democrats in the past decade. Trump narrowly lost Nevada in 2016. Bush was the last Republican to win there, in 2004.Biden’s lead in Nevada stands at 11,438 votes.___NORTH CAROLINA: Race too early to call. Ballots left to count.THE BACKGROUND: Trump prematurely claimed early Wednesday that he won the state.“We’ve clearly won North Carolina, where we’re up 1.7%, 77,000 votes with only approximately 5% left. They can’t catch us,” he said during an appearance at the White House. Trump also said he planned to contest the U.S. presidential election before the Supreme Court. It was unclear, exactly, what legal action he might pursue.Though Trump is correct that he held a nearly 77,000-vote lead, which he maintained Thursday morning, the race is too early to call with up to 116,000 mail ballots left to count, as well as about 41,000 provisional ballots statewide.As long as those ballots are postmarked by Nov. 3, state election officials have until Nov. 12 to count them. And when it comes to mail ballots, Biden was outperforming Trump. That means the ballots yet to be counted could give Biden a lead.___PENNSYLVANIA: Tens of thousands of ballots left to be counted.THE BACKGROUND: Pennsylvania is among a handful of battleground states Trump and Biden are narrowly contesting, and there were tens of thousands of votes left to be counted Friday morning.Trump, who held a 675,000-vote lead early Wednesday, prematurely declared victory in the state.“We’re winning Pennsylvania by a tremendous amount. We’re up 690,000 votes in Pennsylvania. These aren’t even close. It’s not like, ‘Oh, it’s close,’” Trump said during an appearance at the White House.But by early Friday, Biden had overtaken Trump in the number of ballots counted in the state, which Trump must win to have a shot at reelection. Biden held a nearly 6,000-vote advantage.Elections officials are not allowed to process mail-in ballots until Election Day under state law. It’s a form of voting that has skewed heavily in Biden’s favor after Trump spent months claiming without proof that voting by mail would lead to widespread voter fraud.Mail ballots from across the state overwhelmingly broke in Biden’s direction.There’s also a possibility the race won’t be decided for days. If there is less than a half percentage point difference between Biden's and Trump’s vote totals, state law dictates that a recount must be held.Democrats had long considered Pennsylvania a part of their “blue wall” — a trifecta that also includes Wisconsin and Michigan — that for years had served as a bulwark in presidential elections. In 2016, Trump won each by less than a percentage point.Biden, who was born in Scranton, claims favorite-son status in the state and has long played up the idea that he was Pennsylvania’s “third senator” during his decades representing neighboring Delaware. He’s also campaigned extensively in the state from his home in Delaware. 5784