13 results for 'cat:"Education" AND cat:"Attorney Fees"'.
J. Piersol grants a motion for attorneys fees, costs and taxes awarded to parents in an Individuals with Disabilities Education Act (IDEA) claim. Parents of a minor child filed a due process complaint with the South Dakota Office of Hearing Examiners alleging that the School District violated the IDEA, and that their child placement at an academy in Utah for therapy and a standard education should be paid for by the School District. As the prevailing party, the parents were entitled to fees and costs.
Court: USDC South Dakota, Judge: Piersol , Filed On: March 18, 2024, Case #: 4:21cv4147, NOS: Education - Civil Rights, Categories: education, attorney Fees
J. Azrack finds a stipulation agreement, which allowed a medical student who suffers from ADHD to remain enrolled at Stonybrook University beyond the school’s required seven-year graduation policy to complete his medical education, lacks judicial imprimatur and subsequently denies his request for attorney fees and costs.
Court: USDC Eastern District of New York, Judge: Azrack, Filed On: February 7, 2024, Case #: 2:22cv4490, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, education, attorney Fees
J. Irion holds that the trial court improperly awarded $582,000 in attorney fees to charter school corporations for defending against postjudgment motions after they prevailed in challenging the geographic restrictions of the Charter Schools Act. The trial court must evaluate whether the necessity and financial burden of private enforcement of the Act that the corporations assumed supports a fee award. Reversed.
Court: California Courts Of Appeal, Judge: Irion, Filed On: December 29, 2023, Case #: D080295, Categories: education, attorney Fees
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J. Holcomb grants the father $89,200 in attorney fees and costs for his due process complaint alleging that the school district repeatedly did not provide his daughter, the student, an Individualized Education Plan to allow her to access grade-level curriculum, causing the student to fall behind on her reading and writing skills. The father's requested rates are reasonable for both his counsel and his experienced paralegal as they match the typical rates, and the hours are reasonable because the school district filed multiple motions to dismiss the complaint that required the father's counsel to prepare multiple opposition briefs and to deal with proceedings delays.
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 31, 2023, Case #: 8:23cv524, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, attorney Fees
J. Humes finds that the trial court that denied a student attorney fees after overturning his one-year suspension from school improperly required him to show that his university had acted in a wholly arbitrary and capricious manner. While the student's petition did not confer a significant public benefit that would support a fee award, the trial court must revisit the denial to determine whether the university's conduct was sufficiently arbitrary or capricious to merit a fee award. Vacated in part.
Court: California Courts Of Appeal, Judge: Humes, Filed On: October 19, 2023, Case #: A166145, Categories: education, attorney Fees
J. Jackson-Akiwumi finds that the lower court improperly awarded the parents' attorney's fees after they won an Individuals with Disabilities Education Act suit against the school over their child's special education services. The parents do not qualify as the "prevailing party" as defined by the Supreme Court. Reversed.
Court: 7th Circuit, Judge: Jackson-Akiwumi, Filed On: September 5, 2023, Case #: 22-1277, Categories: education, attorney Fees
J. Haight grants the class's motion for more than $139,000 in attorney fees, ruling its status as the prevailing party entitles it to fees under the Individuals with Disabilities Education Act, while the hourly rates and work hours submitted by the attorneys are reasonable, given their experience and the complexity of the litigation.
Court: USDC Connecticut, Judge: Haight, Filed On: August 24, 2023, Case #: 3:16cv1197, NOS: Education - Civil Rights, Categories: education, attorney Fees, Class Action
J. Carney finds that the district court improperly held that an inmate barely out of his teens could not claim attorney fees and costs for challenging the educational services he received in prison under the individuals with disabilities education act. Acting on his own behalf as an “adult child” with a disability, the inmate prevailed in seeking the guaranteed free, appropriate public education and could recover as any parent or guardian is permitted under the act. Reversed.
Court: 2nd Circuit, Judge: Carney, Filed On: August 3, 2023, Case #: 21-2447, Categories: Ada / Rehabilitation Act, education, attorney Fees
[Consolidated.] Per curiam, the circuit finds that the district court properly determined fees and costs for a law firm that prevailed in multiple administrative actions concerning local school services provided to disabled children. The court properly applied the standard lodestar method and reduced the payout since the bills that had been submitted seemed excessive, but the court improperly denied travel-related fees in a particular case. Affirmed in part.
Court: 2nd Circuit, Judge: Per curiam, Filed On: June 21, 2023, Case #: 21-1582, Categories: education, attorney Fees
J. Tunheim reinstates attorney's fees and costs previously awarded to the students in their class-action suit against the university, and awards an additional $609,011.45 in attorneys' fees and costs for a total of $1,780,454.35. The students remained the prevailing party in this litigation after the Eight Circuit vacated an injunction, since they still prevailed on their treatment and benefits claim on remand. Their request for post-judgment fees is also largely reasonable.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 30, 2023, Case #: 0:16cv1115, NOS: Other Civil Rights - Civil Rights, Categories: education, attorney Fees