District of Columbia v. Straus, No. 09-7051
In an action under the Individuals with Disabilities in Education Act seeking attorney's fees from a lawyer who, on behalf of a special needs student, initiated administrative proceedings that were eventually dismissed as moot, summary judgment for defendant is affirmed where, because the district did not qualify as a prevailing party, it could not recover fees even if defendant continued to litigate inappropriately.
Read District of Columbia v. Straus, No. 09-7051
Appellate Information
Argued November 17, 2009
Decided January 8, 2010
Judges
Opinion by Judge Tatel
Counsel
For Appellant:
Carl J. Schifferle and Donna M. Murasky, Assistant Attorney Generals, Office of the Attorney General for the District of Columbia, Washington, DC
For Appellee:
Roxanne D. Neloms and Tilman L. Gerald, Washington, DC