United States Third Circuit

An order denying a motion for prevailing party attorneys- fees and granting summary judgment to defendant, a board of education, is reversed since plaintiffs were prevailing parties who achieved success on significant issues in their case brought pursuant to the Individuals with Disability Education Act.

Appellate Information

• Argued 12/12/2005
• Decided 04/05/2006
• Published 04/05/2006

Judges

• SLOVITER, Circuit Judge., Before SLOVITER, SMITH, and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jamie Epstein (Argued), Cherry Hill, N.J., for Appellant., David F. Abernethy, Kimberly M. Coffina, Drinker Biddle & Reath LLP, Philadelphia, PA, Ruth Deale Lowenkron, Education Law Center, Newark, NJ, for Amici Curiae Education Law Center, Alliance for the Betterment of Citizens with Disabilities, The American Civil Liberties Union of New Jersey, Arc of New Jersey, Bazelon Center for Mental Health Law, Becoming Educated and Motivated about Education, The Center for Law and Education, The New Jersey Center for Outreach and Services for the Autism Community, Disability Rights Advocates, The Essex County Bar Association, International Dyslexia Association, The National Association of Protection and Advocacy Systems, The New Jersey Coalition for Inclusive Education, Inc., New Jersey Protection and Advocacy, Inc., The Rutgers School of Law-Newark Special Education Clinic, The Special Education Leadership Council, The Statewide Parent Advocacy Network, United Cerebral Palsy Associations.


• For Appellees:
  
• James F. Schwerin (Argued), Parker, McCay & Criscuolo, Lawrenceville, N.J., for Appellee.