United States First Circuit
Smith v. Firchburg Pub. Sch., 04-1546
Even though plaintiff successfully recovered home and hospital special education services under the Individuals with Disabilities Education Act, her request for attorneys' fees is denied where she is not a "prevailing party" under 20 U.S.C. section 1415(i)(3)(B).
Appellate Information
- Decided 03/22/2005
- Published 03/22/2005
Judges
- STAHL, Senior Circuit Judge., Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LEVAL, Senior Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Theodore M. Hess-Mahan, with whom Shapiro Haber & Urmy LLP, Julia K. Landau, and Massachusetts Advocates for Children, were on brief, for appellant.
- For Appellees:
- Doris R. MacKenzie Ehrens, with whom Mary L. Gallant, and Murphy, Hesse, Toomey & Lehane, LLP, were on brief, for appellee.