Legal Opinion
Pearl Murphy, Theodore Murphy v. Arlington Central School District Board of Education, No. 03-7850-Cv
Court of Appeals for the Second Circuit
Decided March 29, 2005No. 332PublishedCited by 15 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
This case of first impression calls upon us to determine whether a prevailing plaintiff may recover expert fees under the Individuals with Disabilities Education Act (“IDEA”)’s fee shifting provision, 20 U.S.C. § 1415(i)(3)(B), which authorizes a court to award “costs.” 1 We affirm the judgment of the United States District Court for the Southern District of New York (Charles S. Haight, Jr., Judge), and hold that expert fees are compensable as costs under the IDEA. Moreover, we hold prospectively that a plaintiffs application for fees for experts or consultants who…
2Cases cited18 opinions
- Crawford Fitting Co. v. J. T. Gibbons, Inc.Supreme Court of the United States · 1987
- New York State Association for Retarded Children, Inc. v. Hugh L. Carey, Individually and as Governor of the State of New YorkCourt of Appeals for the Second Circuit · 1983
- West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
- Pearl Murphy and Theodore Murphy v. Arlington Central School District Board of EducationCourt of Appeals for the Second Circuit · 2002
- T.D. v. Lagrange School District No. 102Court of Appeals for the Seventh Circuit · 2003
13 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Arlington Central School District Board of Education v. MurphySupreme Court of the United States · 2006
- Frank G. And Dianne G., Parents of a Disabled Student, Anthony G. v. Board of Education of Hyde Park, Central School District, Docket No. 04-4981-CvCourt of Appeals for the Second Circuit · 2006
- A.R., on Behalf of Her Minor Child, R v. M.S., on Behalf of Her Minor Child, I.O., M.L., on Behalf of Her Minor Child, J.L. v. New York City Department of Education, S.W. And M.M., on Behalf of N.W. v. Board of Education of the City of New York, (District 2)Court of Appeals for the Second Circuit · 2005
- A.R. ex rel. R.V. v. New York City Department of EducationCourt of Appeals for the Second Circuit · 2005
- Goldring Ex Rel. Anderson v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 2005
10 more not listed; retrieve them via the Exa API.