Cancer screening company LabMD Inc. and its lawyers at the government transparency advocacy group Cause of Action have hit another roadblock in their bid to stop a Federal Trade Commission enforcement action over a 2008 data breach.
The U.S. Court of Appeals for the Eleventh Circuit sided with the FTC on Tuesday, ruling that federal courts don’t have jurisdiction to hear LabMD’s lawsuit seeking to block an ongoing FTC administrative proceeding. The FTC, the court ruled, needs to take final action before LabMD can properly pursue claims in court that the agency violated the Administrative Procedure Act.
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