Failed Cheerleader Does Not Make Squad, Sues

Thanks to Aaron Weems of Fox Rothschild's litigation (family law) division for noticing this item detailed in the Dallas Observer's blog. In truth, even though it is from the 5th Circuit, it is quite a good discussion of foundational requirements to prove student on student Sexual Harassment in school.  The cases it cites are almost exclusively from the U.S. Supreme Court rather than 5th Circuit matters.

So what was the case about? To quote Circuit Judge Smith:

[r]educed to its essentials, this is nothing more than a dispute, fueled by a disgruntled cheerleader mom, over whether her daughter should have made the squad. It is a petty squabble, masquerading as a civil rights matter, that has no place in federal court or any other court.

Hear, hear! You tell them Judge Smith!

The case, Sanches v. Carrollton-Farmers Branch Independent School District, can be read in full here.

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Tony from Blue Bell - July 19, 2011 4:14 PM

Thanks for posting this. Would this be considered a frivolous law suit and is the district able to recoup legal fees in this case?

Kyle Berman - July 19, 2011 4:25 PM

@Tony: I doubt it rises to a level that would be sanctionable, so therefore no. The "American rule" is generally that each side is responsible for its own legal fees. The other model is called the "English rule," which requires the loser to pay some or all of the winner's counsel fees. I understand most western countries follow the English rule.

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