United States DC Circuit

In an action for attorneys' fees under the Individuals with Disabilities Education Act, the government's decision to pay fees voluntarily, and the plaintiff's decisions to accept these payments, rendered the question of statutory entitlement under IDEA moot, thus the district court had no subject matter jurisdiction.

Appellate Information

• Argued 05/12/2003
• Decided 08/15/2003
• Published 08/15/2003

Judges

• Before:  HENDERSON, RANDOLPH and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Robert I. Berlow argued the cause for the appellants.  Arthur H. Fawcett, Jr. and Myrna Lee Fawcett were on brief., Eileen L. Ordover was on brief for amici curiae Senators Edward M. Kennedy et al. in support of the appellants., Carl W. Hampe was on the brief for amici curiae Council of Parent Attorneys and Advocates et al. in support of the appellants.


• For Appellees:
  
• Donna M. Murasky, Assistant Corporation Counsel, District of Columbia, argued the cause for the appellee.  Charles L. Reischel, Deputy Corporation Counsel, at the time the brief was filed, was on brief.