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United States Fifth Circuit


El Paso Indep. Sch. Dist. v. Richard R., 08-50830

In a school district's appeal from an award of attorney's fees to a student under the Individuals with Disabilities in Education Act, the fees award is reversed where, because plaintiff rejected a written settlement offer that included all the educational relief he requested and reasonable attorney's fees, he unreasonably protracted the resolution of the dispute.

Appellate Information

  • Decided 12/17/2009
  • Published 12/17/2009

Judges

  • KING, Circuit Judge:, Before KING, DAVIS and BENAVIDES, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Todd Aaron Clark, Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., Austin, TX, Elena M. Gallegos, Walsh, Anderson, Brown, Schulze & Aldridge, Albuquerque, NM, Joe Ruben Tanguma, II (argued), Walsh, Anderson, Brown, Aldridge & Gallegos, P.C., Irving, TX, for Plaintiff-Appellant., Charles Mark Berry (argued), El Paso, TX, for RR and Richard R., Coilbert N. Coldwell, Guevara, Rebe, Bauman, Coldwell & Reedman, El Paso, TX, for Berry., Christopher Paul Borreca, Thompson & Horton, L.L.P., Houston, TX, for Amici Curiae.

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