United States DC Circuit

In suit challenging ruling that plaintiff district may not move a hearing disabled student into the public school system, dismissal of suit as moot and denial of mother's application for attorney fees is remanded as dismissal was a decision on the merits and mother is thus eligible for attorney fees as the prevailing party under the Individuals with Disabilities Education Act.

Appellate Information

• Argued 10/19/2007
• Decided 02/01/2008
• Published 02/01/2008

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Paul S. Dalton argued the cause and filed the briefs for appellants.   William E. Houston entered an appearance.


• For Appellees:
  
• Mary T. Connelly, Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellee.   With her on the brief were Linda J. Singer, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.