News & Analysis as of

IDEA Attorney's Fees

White and Williams LLP

Top Developments - September 2022

White and Williams LLP on

Pepsi-Cola Metro. Bottling Co. v. Emp’rs Ins. Co., 2022 Wisc. App. LEXIS 598 (Wisc. Ct. App. July 8, 2022) - Wisconsin Court of Appeals (in a divided decision) holds that a “post-loss” assignment of rights under a...more

Carlton Fields

Sixth Circuit Holds Attorneys’ Fee Award Does Not Constitute Damages Under Professional Liability Policy

Carlton Fields on

The Sixth Circuit Court of Appeals affirmed an order granting summary judgment in favor of the insurer in Wesco Insurance Co. v. Roderick Linton Belfance LLP, holding that the award of attorneys’ fees was a “sanction” and...more

Wiley Rein LLP

Ohio Court Rules that “Frivolous Conduct” Exclusion Precludes Duty to Defend

Wiley Rein LLP on

The Ohio Court of Appeals has affirmed that a professional liability insurer owed no duty to defend claims against attorneys and their law firm that accused the attorneys of filing “frivolous” lawsuits under the Individuals...more

Mitchell, Williams, Selig, Gates & Woodyard,...

School Not Required to Pay Attorneys' Fees Even Where IDEA Violation Found

A hearing officer with the Arkansas Department of Education (“ADE”) finds that a school violated the Individuals with Disabilities Education Act (“IDEA”) by failing to evaluate and develop a behavior intervention plan (“BIP”)...more

Pullman & Comley - School Law

Bad Idea: Attorney’s Fees And The High Cost Of Ignoring Stay Put In M.R. & J.R. V. Ridley School District

A recent decision by the United States Court of Appeals for the Third Circuit calls to mind an automobile repair chain’s erstwhile slogan: “Pay me now, or pay me later,” although in this case, the more applicable variation...more

Haight Brown & Bonesteel LLP

Court Finds School District May Have Violated Disabled Student’s Civil Rights

In T.B., et al. v. San Diego Unified School District (No. 12-56060, Amended 11/19/15), the United States Court of Appeals for the Ninth Circuit held that a reasonable jury could find the San Diego Unified School District...more

Hinshaw & Culbertson LLP

Special Education Student Succeeds In Bid For Fees Under Individuals With Disabilities Education Act

In T.B. v. San Diego United School District, 2015 DJDAR 8756, the United States Court of Appeals for the Ninth Circuit decided a fee case arising under the Individuals with Disabilities in Education Act (IDEA)....more

Franczek P.C.

Attorneys’ Fees Awarded To Charter School In IDEA Action

Franczek P.C. on

The District Court for the District of Columbia recently issued a decision awarding attorneys’ fees to a charter school (that operates as its own local education agency), finding that the parent’s attorney filed and continued...more

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