Legal Opinion

J.D. Ex Rel. Davis v. Kanawha County Board of Education

Court of Appeals for the Fourth Circuit

Decided July 9, 2009No. 08-1244PublishedCited by 18 opinions

1Opinion of the Court

OPINION

WILKINSON, Circuit Judge:

Mark and Tammy Davis, the parents of a disabled child, were awarded attorneys’ fees by the district court under the Individuals with Disabilities Education Act (“IDEA”) after prevailing on several claims before a hearing officer. The defendant school board challenges the award. It argues that attorneys’ fees were improper because the parents rejected a settlement offer that was more favorable than the legal relief they ultimately obtained. The school board also argues that the parents were not a “prevailing party” under the IDEA.

We affirm the award of…

2Cases cited7 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  3. Texas State Teachers Ass'n v. Garland Independent School DistrictSupreme Court of the United States · 1989
  4. Karen Trimper v. City of Norfolk, Virginia Henry P. HensonCourt of Appeals for the Fourth Circuit · 1995
  5. Combs v. School Board of Rockingham CountyCourt of Appeals for the Fourth Circuit · 1994

2 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. El Paso Independent School District v. Richard R. Ex Rel. R.R.Court of Appeals for the Fifth Circuit · 2009
  2. Junfei Ge v. United States Citizenship andCourt of Appeals for the Fourth Circuit · 2021
  3. J.D. Ex Rel. Davis v. Kanawha County Board of EducationCourt of Appeals for the Fourth Circuit · 2009
  4. United States v. Dexter TysonCourt of Appeals for the Fourth Circuit · 2012
  5. BAM Capital, LLC v. Houser Transport, Inc.District Court, W.D. North Carolina · 2020

13 more not listed; retrieve them via the Exa API.

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