No. 23-284
H. C., Individually and on Behalf of J. C., a Child With a Disability, et al. v. New York City Department of Education
Response WaivedRelisted (2)
Tags: attorneys-fees court-discretion disability-rights discretion due-process due-process-hearing educational-agency idea-act individuals-with-disabilities-education-act prevailing-rates settlement-offers
Key Terms:
ERISA SocialSecurity DueProcess Patent JusticiabilityDoctri
ERISA SocialSecurity DueProcess Patent JusticiabilityDoctri
Latest Conference:
2023-12-08
(distributed 2 times)
Question Presented (from Petition)
1. How does 20 U.S.C. § 1415(i)(3)(G) affect an award of attorneys' fees under the IDEA?
2. What, if any, limit(s) constrain(s) a federal court's discretion in making an initial determination of; the "rates prevailing in the community" under 20 U.S.C. § 1415(i)(3)(C)?
3. Can a settlement offer's express exclusion of any post-settlement interest ever make a parent substantially justified in rejecting such offer?
Question Presented (AI Summary)
How does 20 U.S.C. § 1415(i)(8)(G) affect an award of attorneys' fees under the IDEA?
Docket Entries
2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-08
DISTRIBUTED for Conference of 12/1/2023.
2023-09-27
Waiver of right of respondent New York City Department of Education to respond filed.
2023-09-19
Petition for a writ of certiorari filed. (Response due October 23, 2023)
Attorneys
H. C., Individually and on Behalf of J.C., a child with a Disability, et al., et al.
Andrew Kiernan Cuddy — Cuddy Law Firm, P.L.L.C., Petitioner
New York City Department of Education
Philip W. Young — New York City Law Department, Respondent