Archive for the '5th COA' Category

Restriction on Native American Student’s Hair Length Infringed Religious Freedom, and Immigration Matters

A.A. v. Needville Indep. Sch. Dist., No. 09-20091, involved an action by a Native American boy and his parents challenging a school district’s requirement that he wear his long hair in a bun on top of his head or in a braid tucked into his shirt.  The court of appeals affirmed judgment for plaintiff, holding that [...]

Affirmance of Summary Judgment in Age Discrimination in Employment Act Action, and Education Law Case

Moss v. BMC Software, Inc., No. 09-20488, involved an action claiming that defendant violated the Age Discrimination in Employment Act (ADEA), by declining to hire plaintiff when he applied for a Staff Legal Counsel position.  The court of appeals affirmed summary judgment for defendant, holding that plaintiff failed as a matter of law to show [...]

Bankruptcy Trustee Personally Liable for Tax Deficiency Based on Misconduct

In re: Texas Pig Stands, Inc., No. 09-50544, involved a bankruptcy trustee’s appeal from the district court’s reversal of the bankruptcy court’s order refusing to hold the trustee liable for a tax deficiency incurred in running the debtor’s business.  The court of appeals affirmed the district court’s order, holding that the trustee exceeded his authority, [...]

Bankruptcy Trustee Personally Liable for Tax Deficiency Based on Misconduct

In re: Texas Pig Stands, Inc., No. 09-50544, involved a bankruptcy trustee’s appeal from the district court’s reversal of the bankruptcy court’s order refusing to hold the trustee liable for a tax deficiency incurred in running the debtor’s business.  The court of appeals affirmed the district court’s order, holding that the trustee exceeded his authority, [...]

Bankruptcy Trustee Personally Liable for Tax Deficiency Based on Misconduct

In re: Texas Pig Stands, Inc., No. 09-50544, involved a bankruptcy trustee’s appeal from the district court’s reversal of the bankruptcy court’s order refusing to hold the trustee liable for a tax deficiency incurred in running the debtor’s business.  The court of appeals affirmed the district court’s order, holding that the trustee exceeded his authority, [...]

Affirmance of Summary Judgment in Age Discrimination in Employment Act Action, and Education Law Case

Moss v. BMC Software, Inc., No. 09-20488, involved an action claiming that defendant violated the Age Discrimination in Employment Act (ADEA), by declining to hire plaintiff when he applied for a Staff Legal Counsel position.  The court of appeals affirmed summary judgment for defendant, holding that plaintiff failed as a matter of law to show [...]

Affirmance of Summary Judgment in Age Discrimination in Employment Act Action, and Education Law Case

Moss v. BMC Software, Inc., No. 09-20488, involved an action claiming that defendant violated the Age Discrimination in Employment Act (ADEA), by declining to hire plaintiff when he applied for a Staff Legal Counsel position.  The court of appeals affirmed summary judgment for defendant, holding that plaintiff failed as a matter of law to show [...]

Denial of Petition for Review of Order of Removal

Ogunfuye v. Holder, No. 09-60074, involved a petition for review of a final order of removal entered by the Board of Immigration Appeals (BIA).  The court of appeals denied the petition, on the grounds that 1) because petitioner was an aggravated felon, the court had no jurisdiction to reach her argument that the lack of [...]

Denial of Habeas Petition in Murder Case Reversed

In White v. Thaler, No. 06-20736, a murder prosecution, the court of appeals reversed the denial of petitioner’s habeas petition, on the ground that defense counsel rendered ineffective assistance by 1) cross examining petitioner regarding his post-arrest silence, which allowed the prosecutor to impeach him with his failure to tell the police his exculpatory version [...]

Denial of Motion to Dismiss in Elementary School Free Speech Case Upheld

Morgan v. Swanson, No. 09-40373, concerned an action alleging that defendant elementary school officials banned the distribution of religious materials.  The court of appeals affirmed the denial of defendants’ motion to dismiss based on qualified immunity, holding that the First Amendment protected elementary school students from religious-viewpoint discrimination.
As the court wrote:  “This appeal arises from the [...]