United States Third Circuit

In an action involving tuition reimbursement and compensatory education brought under the Individuals with Disabilities Education Improvement Act, district court's denial of defendant's compulsory counterclaim as untimely is reversed where the plain language of the Act allows for a compulsory counterclaim to be filed beyond the 90-day window for bringing a civil action, as the assertion of a counterclaim is a responsive pleading that does not constitute bringing an action.

Appellate Information

• Argued 01/06/2009
• Decided 04/14/2009
• Published 04/14/2009

Judges

• Before:  CHAGARES, and HARDIMAN, Circuit Judges and GARBIS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Karl A. Romberger, Jr. [Argued], Mark W. Fitzgerald, Fox Rothschild, Blue Bell, PA, for Appellant.


• For Appellees:
  
• Frederick M. Stanczak [Argued], Doylestown, PA, for Appellee.