United States Third Circuit

Although parents who achieve favorable interim relief pursuant to the Individuals with Disabilities Education Act may be entitled to prevailing party attorney's fees, the interim relief granted must derive from some determination on the merits; thus, the district court neither erred nor abused its discretion in denying the award of fees, where the ALJ did not reach the merits of the parties' arguments before granting interim relief.

Appellate Information

• Decided 04/16/2002
• Published 04/16/2002

Judges

• Before: SLOVITER, BARRY and ALARCON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ruth Deale Lowenkron, On the Brief Education Law Center, Newark, NJ, Attorney for Appellants., David F. Abernethy, Kimberly M. Coffina, Peter J. Gallagher, Drinker Biddle & Reath LLP Philadelphia, PA, Attorneys for Amici Curiae, The American Civil Liberties Union of New Jersey, ARC of New Jersey, Disability Rights Advocates, The National Association of Protection and Advocacy Systems, The New Jersey Coalition for Inclusive Education, Inc., New Jersey Parent Advocacy, Training and Help, New Jersey Protection and Advocacy, Inc., The Rutgers School of Law-Newark Special Education Clinic, and United Cerebral Palsy Associations.


• For Appellees:
  
• Nathanya G. Simon, Cynthia S. Ham, Of Counsel and On the Brief Schwartz Simon Edelstein Celso & Kessler, LLP, Florham Park, NJ, Attorneys for Appellee.