Legal Opinion
A.R. ex rel. R.V. v. New York City Department of Education
Court of Appeals for the Second Circuit
Decided May 10, 2005No. Nos. 02-9471 to 02-9473PublishedCited by 42 opinions
1Opinion of the Court
SACK, Circuit Judge:
Under Buckhannon Board & Care Home, Inc. v. West Virginia Department of Health & Human Resources, 532 U.S. 598, 121 S.Ct. 1835, 149 L.Ed.2d 855 (2001), “[essentially, in order to be considered a ‘prevailing party’ [to enable a plaintiff to take advantage of a federal fee-shifting statute] ..., a plaintiff must not only achieve some ‘material alteration of the legal relationship of the parties,’ but that change must also be judicially sanctioned.” Roberson v. Giuliani, 346 F.3d 75, 79-80 (2d Cir.2003) (quoting Buckhannon, 532 U.S. at 603, 121 S.Ct. 1835). Neither…
2Cases cited33 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
- Blum v. StensonSupreme Court of the United States · 1984
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
28 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Avera v. Secretary of Health and Human ServicesCourt of Appeals for the Federal Circuit · 2008
- Arbor Hill Concerned Citizens Neighborhood Ass'n v. County of Albany & Albany County Board of ElectionsCourt of Appeals for the Second Circuit · 2008
- Albert Farbotko v. Clinton County Of New YorkCourt of Appeals for the Second Circuit · 2005
- James Mcdonald v. Pension Plan Of The Nysa-Ila Pension Trust FundCourt of Appeals for the Second Circuit · 2006
- Arbor Hill Concerned Citizens Neighborhood Assoc. v. County of AlbanyCourt of Appeals for the Second Circuit · 2007
37 more not listed; retrieve them via the Exa API.