Legal Opinion

Vultaggio Ex Rel. Vultaggio v. Board of Education

District Court, E.D. New York

Decided August 14, 2002No. CV 02-1004PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

WEXLER, District Judge.

In this action commenced by parents of a high school student, claims are set forth pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1415 (the “IDEA”), Section 504 of the Rehabilitation Act, 29 U.S.C. § 794 (“Section 504”) and the federal civil rights statute, 42 U.S.C. §§ 1983 (“Section 1983”).

Plaintiffs seek an award of attorneys’ fees pursuant to the provision in the IDEA that authorizes an award of fees to parents who are “prevailing parties” in connection with any “action or proceeding” brought pursuant to the statute. 20…

2Cases cited15 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  4. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  5. Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982

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3Cited by6 opinions

  1. Vultaggio ex rel. Vultaggio v. Board of EducationCourt of Appeals for the Second Circuit · 2003
  2. B.H. v. Southington Board of EducationDistrict Court, D. Connecticut · 2003
  3. Vultaggio v. Board Of EducationCourt of Appeals for the Second Circuit · 2003
  4. Johnson Ex Rel. Johnson v. Board of EducationDistrict Court, N.D. New York · 2007
  5. M.C., individually and on behalf of K.C. v. New York City Department of EducationDistrict Court, S.D. New York · 2025

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

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