Duane M. v. Orleans Parish School Board
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
The Orleans Parish School Board (“School Board”) appeals the district court’s award of attorneys’ fees and costs to Duane M., incurred in his successful efforts to pursue administrative remedies with the School Board under the Education of the Handicapped Act. The School Board charges that, because this suit was brought solely for the purpose of obtaining attorneys’ fees, the district court lacked subject matter jurisdiction and that hence Duane’s suit fails to state a claim upon which relief can be granted. Agreeing with the district court that the Handicapped…
2Cases cited18 opinions
- Caminetti v. United StatesSupreme Court of the United States · 1917
- Smith v. RobinsonSupreme Court of the United States · 1984
- New York Gaslight Club, Inc. v. CareySupreme Court of the United States · 1980
- North Carolina Department of Transportation v. Crest Street Community Council, Inc.Supreme Court of the United States · 1986
- Russell T. Johnson v. Department of Treasury, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1983
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3Cited by28 opinions
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- Barlow-Gresham Union High School District No. 2 v. Wesley Mitchell, Individually, and Bari Mitchell and Michael Mitchell, His ParentsCourt of Appeals for the Ninth Circuit · 1991
- El Paso Independent School District v. Richard R. Ex Rel. R.R.Court of Appeals for the Fifth Circuit · 2009
- Field v. Haddonfield Board of EducationDistrict Court, D. New Jersey · 1991
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