Legal Opinion
Unified School District No. 259 v. Newton
District Court, D. Kansas
Decided November 2, 1987No. Civ. A. 87-1027-TPublishedCited by 17 opinions
1Opinion of the Court
OPINION AND ORDER
THEIS, Senior District Judge.
This matter comes before the court on cross-motions for judgment on stipulated facts. The single issue for resolution is the availability of attorneys' fees for work done by counsel for defendants Jeff Newton and Diane Newton, the parents of Alissa Newton (“the Newtons”), the prevailing party at a local-level due process hearing under the Education of the Handicapped Act (EHA). 20 U.S.C. § 1401, et seq. As explained below, the court grants the Newtons’ motion for attorneys’ fees based on the language and legislative history of 20 U.S.C. §…
2Cases cited17 opinions
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
- Usery v. Turner Elkhorn Mining Co.Supreme Court of the United States · 1976
- Smith v. RobinsonSupreme Court of the United States · 1984
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- Fullilove v. KlutznickSupreme Court of the United States · 1980
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3Cited by17 opinions
- Duane M. v. Orleans Parish School BoardCourt of Appeals for the Fifth Circuit · 1988
- Counsel v. DowCourt of Appeals for the Second Circuit · 1988
- James v. Nashua School DistrictDistrict Court, D. New Hampshire · 1989
- BURR BY BURR v. AmbachDistrict Court, S.D. New York · 1988
- Lani Moore v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1989
12 more not listed; retrieve them via the Exa API.