United States Third Circuit

In a case involving an attorney-parent who sought attorney's fees in a lawsuit filed on behalf of his daughter pursuant to the IDEA, denial of fees is affirmed where: 1) the court's earlier decision in this case did not decide the issue of whether plaintiffs were entitled to attorney's fees; 2) scope of prior precedent was not limited to representation by an attorney-parent in administrative proceedings only; 3) such precedent governed this appeal, as there was substantial doubt that the case's earlier decisions foreclosed the attorney's fees issue; and 4) plaintiffs were not entitled to recover cost for services other than conductive education.

Appellate Information

• Argued 03/06/2008
• Decided 05/12/2008
• Published 05/13/2008

Judges

• Before FISHER, GREENBERG, and ROTH, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David D. Pardini, (argued), Pittsburgh, PA, Attorney for Appellants.


• For Appellees:
  
• William C. Andrews, Christina Lane, (argued), Andrews & Price, Pittsburgh, PA, Attorneys for Appellee.