In an action under the Individuals with Disabilities in Education Act seeking attorney's fees from a lawyer who, on behalf of a special needs student, initiated administrative proceedings that were eventually dismissed as moot, summary judgment for defendant is affirmed where, because the district did not qualify as a prevailing party, it could not recover fees even if defendant continued to litigate inappropriately.
Argued November 17, 2009
Decided January 8, 2010
Opinion by Judge Tatel
Carl J. Schifferle and Donna M. Murasky, Assistant Attorney Generals, Office of the Attorney General for the District of Columbia, Washington, DC
Roxanne D. Neloms and Tilman L. Gerald, Washington, DC