From Martindale at OC Register:
SANTA ANA – A federal judge today postponed deciding whether to shield high school history teacher James Corbett from financial liability after he was found to have disparaged religion in class.
U.S. District Judge James Selna had issued a tentative ruling last week indicating he would effectively bar 17-year-old Chad Farnan of Mission Viejo from recovering any monetary damages or legal fees in the nearly 2-year-old case, but declined to make that ruling final today after a 45-minute hearing in his Santa Ana courtroom.
“I will take one more look at this,” Selna said after Farnan’s attorneys convinced him that such a ruling might be prejudicial.
Corbett, 62, was found to have violated the First Amendment’s establishment clause in May when he referred to Creationism as "religious, superstitious nonsense" during a fall 2007 lecture at Mission Viejo’s Capistrano Valley High School.