Read the full story: Warren’s Washington Internet Daily

Despite the multiple dismissals, LabMD will continue its legal battle outside the ALJ process, Rubinstein told us. Federal judges have been receptive to LabMD’s argument, he said. Judge William Duffey, presiding over the May 7 hearing in Atlanta, repeatedly berated the FTC’s investigative process as inadequate and “mean-spirited” ( “You are living through a hearing of ‘I’m sorries,'” Duffey told Department of Justice lawyer Perham Gorji, representing the FTC. “It comes from the fundamental refusal of you and your colleagues with candor and with transparency to say, ‘Here is where we are going on this.'” Rubinstein said Duffey’s “utter incredulity at what the FTC has done” is why LabMD must press on. “There’s still a substantial amount of confusion — at least certainly from Judge Duffey’s perspective and from ours — as to exactly what their case is and what they have to prove,” he said.