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The order pointed out that the judge had already rejected a motion by the FTC in July for permission to develop evidence to rebut Wallace’s expected testimony because he had yet to testify, and that Tiversa’s “attempt at anticipatory rebuttal” suffered from a similar defect.


Cause of Action, which is representing LabMD in the administrative proceeding, praised the administrative law judge’s decision to disregard Tiversa’s notice.


“All along we’ve wanted the truth to come out about the FTC’s actions against LabMD,” Cause of Action said in a statement provided to Law360 on Thursday.