Legal Opinion

Parent V.S., on Behalf of Student A.O. v. Los Gatos-Saratoga Joint Union High School District

Court of Appeals for the Ninth Circuit

Decided May 9, 2007No. 04-17480PublishedCited by 37 opinions

1Opinion of the Court

Opinion by Judge RAWLINSON; Dissent by Judge FARRIS.

RAWLINSON, Circuit Judge.

This case presents the issue of when one is a prevailing party under the Individuals with Disabilities Education Act (IDEA), 20 *1232U.S.C. § 1400 et seq. (2000). Because the hearing officer determined that student A.O. was deprived of a free and appropriate public education (FAPE), and that A.O. was eligible for special education, A.O. was a prevailing party entitled to an award of attorneys’ fees. We reverse the district court’s ruling to the contrary and remand for an award of attorneys’ fees.

I. Background

When A.O. was…

2Cases cited7 opinions

  1. Scott Fischer v. sjb-p.d. Inc., a California Corporation, Dba Cedar Creek Inn Svenja Bienlefeld Michael ViliunasCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. Michael JohnsonCourt of Appeals for the Ninth Circuit · 2001
  3. San Pedro Hotel Co., Inc., a California Corporation John Fentis, as Trustee for the Fentis Family Marital Trust B John M. Fentis, an Individual Pearle Fentis, an Individual Maria C. Fentis, an Individual John Fentis, as Trustee for the Fentis Family Survivor's Trust v. City of Los Angeles, a California Municipal Corporation Rudy Svorinich, Jr., an Individual, San Pedro Hotel Co., Inc., a California Corporation John Fentis, as Trustee for the Fentis Family Marital Trust B as Trustee for the Fentis Family Survivor's Trust, and as an Individual: Pearle Fentis Maria C. Fentis v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 1998
  4. Jenkins v. MissouriCourt of Appeals for the Eighth Circuit · 1997
  5. Joseph Park, by and Through His Guardian Ad Litem, Kyung Hee Park Kyung Hee Park v. Anaheim Union High School District Greater Anaheim SelpaCourt of Appeals for the Ninth Circuit · 2006

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3Cited by37 opinions

  1. La Asociacion De Trabaja-Dores De Lake Forest v. City of Lake ForestCourt of Appeals for the Ninth Circuit · 2010
  2. Azizian v. Federated Department Stores, Inc.Court of Appeals for the Ninth Circuit · 2007
  3. District of Columbia v. WestDistrict Court, District of Columbia · 2010
  4. Juan Moreno v. La CuracaoCourt of Appeals for the Ninth Circuit · 2011
  5. American Express Bank, FSB v. Smith (In Re Smith)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2009

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