Administrative law judge denies LabMD's motion to sanction FTC

As I noted on August 28, the FTC had responded (pdf) to LabMD’s motion for sanctions (pdf) in FTC v. LabMD.

On September 5, Administrative Law Judge Chappell denied LabMD’s motion.

After summarizing the allegations and the FTC’s response, Judge Chappell writes:

To support its Motion, Respondent asserts as fact numerous matters that are disputed by Complaint Counsel. Moreover, the assertion as to Mr. Wallace’s testimony is, at present, mere allegation, given that Mr. Wallace has yet to testify. Resolving Respondent’s Motion would require fact finding on disputed evidentiary issues, and since the evidentiary hearing in this case has not been completed, it would be premature and speculative to rule on Respondent’s Motion at this time. For these reasons, Respondent’s Motion is DENIED.

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