Filings

“A watchdog group with teeth” is how some have described Cause of Action in light of our litigation activities. We don’t just hold the government accountable through transparency, but through the law as well. Through filings ranging from administrative law petitions to constitutional challenges, we defend America’s job creators and protect taxpayers, and in the process, educate the public about the Executive Branch’s discretionary power to spend our money, regulate our lives, and make decisions about our future.

Related Documents: Federal Trade Commission v. LabMD

CoA defended LabMD against a complaint brought by the FTC based, in part, on allegations that a third party was able to obtain data from LabMD’s computers through the peer-to-peer (P2P) file sharing program LimeWire. LabMD denies the FTC’s allegations of violations of Section 5 of the FTC Act as well as allegations that LabMD failed to provide reasonable and appropriate security for personal information on its computer networks.

Before the Federal Trade Commission

Order Granting Respondent’s Renewed Motion for Order Requiring Testimony under Grant of Immunity Pursuant to Commission Rule 3.39(b)(2) (December 29, 2014)

Respondent LabMD Renewed Rule 3 39b Motion with Exhibits (December 11, 2014)

Order on Respondent LabMD Motion to Strike Tiversa Holding Corp.’s “Notice of Information” (November 20, 2014)

Respondent LabMD Motion to Strike Tiversa Holding Corp.’s “Notice of Information” (November 4, 2014)

Respondent LabMD Unopposed Motion for an Order Requiring Richard Wallace to Testify (October 6, 2014)

Respondent LabMD Response to Complaint Counsel’s Motion for Order Requiring Respondent’s Counsel to File Rule 3 39 (August 15, 2014)

Respondent LabMD Motion for Sanctions (April 21, 2014)

Final Trial Transcript (June 12, 2014)

Final Trial Transcript (May 30, 2014)

Final Trial Transcript (May 28, 2014)

Final Trial Transcript (May 27, 2014)

Final Trial Transcript (May 23, 2014)

Final Trial Transcript (May 22, 2014)

Final Trial Transcript (May 21, 2014)

Final Trial Transcript (May 20, 2014)

Respondent LabMD’s Motion to Admit RX542 (June 16, 2014)

FTC v. LabMD June 12, 2014 Unofficial Trial Transcript (June 12, 2014)

FTC Order Denying LabMD Motion for Summary Decision (May 19, 2014)

Respondent LabMD Reply in Support of Motion for Summary Decision (May 12, 2014)

Respondent LabMD Pre-Trial Brief (May 9, 2014)

Order Denying Motions In Limine to Exclude Profferred Experts (May 5, 2014)

Order Granting Respondent’s (CoA) Motion to Compel Testimony Order Denying Motion In Limine to Strike Trial Witness (May 1, 2014)

LabMD Motion for Summary Decision (April 21, 2014)

Administrative Law Judge’s Order on Complaint Counsel’s Motion to Quash Subpoena Served on Complaint Counsel and for Protective Order (January 30, 2014)

Order Denying Respondent LabMD Motion to Dismiss (January 17, 2014)

Statement of Commissioner Julie Bril Regarding Motion to Disqualify (December 24, 2013)

LabdMD Motion to Disqualify (December 18, 2013)

LabdMD Motion to Stay Proceedings Pending Review in the United States Court of Appeals for the Eleventh Circuity and the United States District Court for the District of Columbia (November 26, 2013)

Order on Respondent’s Motion for a Protective Order (November 22, 2013)

Respondent LabMD Motion to Dismiss (November 12, 2013)

Respondent LabMD Motion for Protective Order (November 5, 2013)

LabMD Answer to FTC Complaint (September 17, 2013)

FTC Complaint (August 29, 2013)

United States Court of Appeals for the 11^th Circuit

Opinion (January 20, 2015)

Supplemental Authority (December 11, 2014)

LabMD Reply Brief (August 11, 2014)

LabMD Brief (June 25, 2014)

LabMD Request for Judicial Notice (June 25, 2014)

Order Denying Appellant’s Motion for Stay Pending Review and for Expedited Briefing Schedule (May 19, 2014)

FTC Opposition to Appellant’s Emergency Motion for Stay Pending Review and For Expedited Briefing Schedule (May 19, 2014)

LabdMD Motion for Stay Pending Review and Request for Expedited Briefing Schedule & Exhibits (May 15, 2013)

Petitioner LabMD Reply in Support of Motion for Stay Pending Review (January 16, 2014)

Petitioner LabMD Response to Jurisdictional Question (December 30, 2013)

Motion for Stay Exhibits 1-2 & 4-7 & 9-17 Exhibit 3 Exhbit 8 Exhibits 18-23 Exhibits 23 cont Exhibits 24-28 Exhibit 29 Exhibit 29 cont-30 Exhibit 30 cont-31 (December 23, 2013)

United State District Court for the Northern District of Georgia

Opinion and Order (May 12, 2014)

Transcript of Proceedings Before the Honorable William S. Duffey, Jr., United States District Judge (May 1, 2014)

Second Supplemental Declaration of Michael J. Daugherty (May 1, 2014)

LabMD Response to FTC’s Motion to Dimiss and in Opposition to FTC’s Motion for Preliminary Injunction (April 14, 2014)

Complaint & Motion for Preliminary Injunction (March 20, 2014)

United States District Court for the District of Columbia

LabMD, Inc. v. FTC et al.Complaint (November 14, 2013)

12/4/2013 Learn More

Related Documents: American Public Gas Association v. Department of Energy

The Department of Energy issued a rule that will drive up costs for distributors, installers, and consumers of heating and air conditioning products across the United States. Refusing to acknowledge properly filed comments and concerns from HARDI, the Department of Energy issued new energy efficiency standards. Cause of Action took up HARDI’s case in the U.S. Court of Appeals to hold the Department of Energy accountable for ignoring procedure and inflicting job-killing regulation on the heating and air industry.

United States Court of Appeals for the District of Columbia

Settlement Order (April 24, 2014)

Joint Brief of Intervenors Heating, Air-Conditioning & Refrigeration Distributors International (HARDI) and Air Conditioning Contractors of America (ACCA) in Support of Petitioner (January 28, 2014)

Brief for Petitioner American Public Gas Association (January 13, 2014)

Joint Response (September 18, 2013)

Joint Brief of Intervenors (May 29, 2013)

Motion to Intervene of the Heating, Air-Condition & Refrigeration Distributors International (“HARDI”) (January 20, 2013)

Court grants HARDI opportunity to challenge DOE decision-making (May 3, 2012)

11/5/2013 Learn More

Related Documents: XP Vehicles v. Department of Energy

Cause of Action is representing XP Vehicles, a San Francisco-based electric car company in a lawsuit against the federal government concerning the U.S. Department of Energy’s denial of XP’s loan guarantee application under the Advanced Technology Vehicles Manufacturing (AVTM) loan program.

United States Court of Federal Claims

Opposition to Motion to Dismiss (February 18, 2014)

Complaint (January 10, 2013)

United States District Court for the District of Columbia

Opposition to Defendant’s Motion to Dismiss the Official Capacity Claims (October 17, 2013)

Opposition to the Individual Capacity Defendants’ Motion to Dismiss (October 17, 2013)

Memorandum in Opposition to Defendants Motion to Dismiss Official Capacity Counts 2, 3 and 4 (July 30, 2013)

Proposed Order

Motion to Amend Complaint (July 30, 2013)

Opposition to Individual Capacity Defendants Motion to Dismiss (July 29, 2013)

Complaint (January 10, 2013)

11/5/2013 Learn More

Cause of Action Sues TIGTA over Release of Taxpayer Info

Cause of Action filed a lawsuit against the Treasury Inspector General for Tax Administration (TIGTA) for potentially violating the Freedom of Information Act (FOIA).

TIGTA told Cause of Action in March of this year, in response to a FOIA request, that it could “neither confirm nor deny the existence of records” of communication between the White House and IRS concerning taxpayer information, particularly interactions that were not made pursuant to 6103(g) of the tax code, which authorizes the President to request any individual’s tax return information from the IRS.

Yet, the media reported that TIGTA sent a letter to Senator Charles Grassley July 3, 2013, acknowledging eight instances involving potential unauthorized access or disclosure of tax records belonging to political donors or candidates since 2006.

By revealing to Senator Grassley the existence of these communications, TIGTA has potentially violated FOIA with Cause of Action, therefore we are filing a lawsuit against TIGTA in the U.S. District Court for the District of Columbia.

ECF No. 1_Complaint

ECF No. 1-1_Exhibits 1-10 to Complaint

ECF No. 1-2_Civil Cover Sheet

ECF No. 1-3_Summons

08/9/2013 Learn More

IRS complaint against Enroll America

CoA sent a complaint to the IRS advising that Enroll America, a § 501(c)(3) organization, is in violation of several provisions of the Internal Revenue Code, and that an immediate investigation is warranted to determine whether its tax exemption should be revoked. Enroll America is primarily organized to benefit the health insurers, pharmaceutical companies, and other for-profit commercial entities represented on its board of directors and advisory council, and is therefore not organized to achieve any of the lawful purposes listed under IRC § 501(c)(3).

13909 Complaint

13909 Complaint Cover Letter

07/29/2013 Learn More

IRS FOIA Complaint

ECF No 1-1_Civil Cover Sheet

ECF No 1-2_Summons to IRS_not executed by clerk

06/20/2013 Learn More

Drakes Bay Oyster Company Appeal Filings

As of May 24, 2013, Cause of Action no longer represents Drakes Bay Oyster Company, the Lunny family, or Dr. Corey Goodman and will be withdrawing as counsel from the litigation.

Filed 2/06/13:

Filed 2/07/2013

Motion for Expedited Ruling

Support for Expedited Ruling from Peter Prows

Filed 2/11/2013

Order Denying Injunction Pending Appeal (From Judge YVONNE GONZALEZ ROGERS)

Filed 2/12/2013:

Emergency Motion for Injunction Pending Appeal

Declaration of Amber Abbasi in Support of Emergency Motion

Filed 2/20/13:

Opposition to Emergency Motion (Filed by DOJ)

Filed 2/21/13:

Opposition to Amici Motion

Proposed Brief ISO Opp to Amici Motion to Participate

Declaration of Amber D. Abbasi ISO Reply to Emergency Motion

Exhibit 1 to Abbasi Declaration

Exhibit 2 to Abbasi Declaration ISO Reply to Emergency Motion

Exhibit 3 to Abbasi Declaration ISO Emergency Motion

Exhibit 5 to Abbasi Declaration ISO Reply to Emergency Motion

Reply to Emergency Motion for Injunction Pending Appeal

Filed 3/6/13:

Opening Brief and Statutory Addendum

Filed 4/3/13:

Appellee’s Answering Brief (Filed by DOJ)

Filed 4/22/13:

Appellants’ Reply Brief

06/5/2013 Learn More