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

By FindLaw Staff on July 06, 2010 | Last updated on March 21, 2019

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 that he was clearly more qualified than the candidate hired in order to establish pretext and had not proffered any direct evidence of discrimination.

Comer v. Scott, No. 09-50401, concerned an action claiming that the Texas Education Agency's (TEA) neutrality policy constituted an establishment of religion, in violation of the First Amendment's Establishment Clause.  The court of appeals affirmed summary judgment for defendant, on the ground that there was no evidence to support the conclusion that the principal or primary effect of TEA's policy was one that either advances or inhibits religion.

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