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District of Columbia v. Straus, No. 09-7051

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.

Read District of Columbia v. Straus, No. 09-7051

Appellate Information

Argued November 17, 2009

Decided January 8, 2010


Opinion by Judge Tatel


For Appellant:

Carl J. Schifferle and Donna M. Murasky, Assistant Attorney Generals, Office of the Attorney General for the District of Columbia, Washington, DC

For Appellee:

Roxanne D. Neloms and Tilman L. Gerald, Washington, DC