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Tenth Court of Appeals Rules City is Immune From Suit

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On November 1, 2012, the Tenth Court of Appeals held that the City of Bruceville-Eddy was immune from being sued in a declaratory judgment action brought by Daniel Ferguson, former Chief of Police.  See City of Bruceville-Eddy v. Daniel Ferguson, No. 10-12-00109-CV. The trial court had previously denied the City’s motion to dismiss for lack of jurisdiction.  The City argued …

Private Lawyer Advising Cities Has Immunity from Suit

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On April 17, 2012, the U.S. Supreme Court held that a private attorney retained by the government to carry out its work is entitled to seek qualified immunity from suit under Section 1983.  (Section 1983 provides a cause of action against state actors who violate an individual’s rights under federal law.  See 42 U.S.C. § 1983).  The full opinion, Filarsky …

F.D.A. Internal Reports Recommend Avandia Be Withdrawn From Market

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There is a fierce debate going on within the Food and Drug Administration regarding the drug Avandia.  According to the New York Times, recent internal reports from the Food and Drug Administration recommend that Avandia (a drug used to treat Type 2 diabetes) be removed from the market.  The reports indicate that people who use Avandia needlessly suffer heart attacks and heart …