United States DC Circuit

In order to recover attorneys' fees for private settlements under the Individuals with Disabilities Education Act, a plaintiff must overcome the presumption applied in Buckhannon Bd. v. W. Va Dep't of Health, 532 U.S. 598, which disfavors the award of attorney fees in private settlements.

Appellate Information

• Argued 10/01/2004
• Decided 12/03/2004
• Published 12/03/2004

Judges

• Before:  ROGERS, TATEL and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Marc B. Tucker argued the cause for appellants.   With him on the briefs were Thomas V.M. Linguanti, Carl W. Hampe, Marc B. Tucker, Robert I. Berlow, Myrna L. Fawcett and Arthur H. Fawcett., Alice K. Nelson, Ankur Goel, and Francine A. Hochberg were on the brief for amicus curiae Coalition of Parent and Attorney Advocates, et al.


• For Appellees:
  
• Donna M. Murasky, Senior Litigation Counsel, Office of Attorney General for the District of Columbia, argued the cause for appellee.   With her on the brief were Robert J. Spagnoletti, Attorney General, and Edward E. Schwab, Deputy Attorney General.