United States Fourth Circuit

Virginia Code section 51.5-46(D), prohibiting an award of attorneys' fees "in which the petitioner is represented by the Department," applies only to actions brought under the Virginians with Disabilities Act and not those brought exclusively under federal law in federal court.

Appellate Information

• Argued 01/24/2001
• Decided 03/01/2001
• Published 03/01/2001

Judges

• Before MOTZ and TRAXLER, Circuit Judges, and HOWARD, United States District Judge for the Eastern District of North Carolina, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Donald H. Clark, Williams, Mullen, Clark & Dobbins, Virginia Beach, VA, for Appellant. Jonathan Gerald Martinis, Commonwealth of Virginia Department for Rights of Virginians with Disabilities, Richmond, VA, for Appellees.   ON BRIEF:  A.W. VanderMeer, Jr., Williams, Mullen, Clark & Dobbins, Virginia Beach, VA, for Appellant.