Legal Opinion

E.P. ex rel. P.Q. v. Union County Regional High School District No. 1

District Court, D. New Jersey

Decided December 11, 1989No. Civ. A. No. 89-1671PublishedCited by 6 opinions

1Opinion of the Court

OPINION

WOLIN, District Judge.

Before the Court plaintiff moves for summary judgment on his cause, of action for an award of reasonable attorney fees and costs pursuant to 20 U.S.C. § 1415(e)(4). Defendant opposes this motion on the grounds that plaintiff; (1) cannot bring a separate action for attorney fees for work done prior to an administrative determination under the Education for all Handicapped Children Act (“EHA”) and the Handicapped Children’s Protection Act of 1986 (“HCPA”); (2) is not a “prevailing party” as defined by those statutes; and (3) is collaterally estopped from bringing an…

2Cases cited16 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Hensley v. EckerhartSupreme Court of the United States · 1983
  3. Maher v. GagneSupreme Court of the United States · 1980
  4. Larry Nadeau v. Raymond A. Helgemoe, Warden, New Hampshire State PrisonCourt of Appeals for the First Circuit · 1978
  5. Smith v. RobinsonSupreme Court of the United States · 1984

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3Cited by6 opinions

  1. W.B. v. MatulaCourt of Appeals for the Third Circuit · 1995
  2. Field v. Haddonfield Board of EducationDistrict Court, D. New Jersey · 1991
  3. E.M. v. Millville Board of EducationDistrict Court, D. New Jersey · 1994
  4. J.C. ex rel. J.C. v. Mendham Township Board of EducationDistrict Court, D. New Jersey · 1998
  5. W.B., Parent of the Minor, E.J., on Her Own Behalf and on Behalf of Her Son, E.J. v. Joan Matula Mary Angela Engelhardt Judy Beach Catherine Brennan Patricia Cericola Dr. Gary Danielson Ann Pearce Kathleen Mahony Carol Burns Florence Noctor Dr. Jeffrey Osowski New Jersey State Board of Education Warren County Department of Education Mary Lou Varley Mansfield Board of Education State of New Jersey Department of Education Division of Special Education Employees of the Mansfield Township Board of EducationCourt of Appeals for the Third Circuit · 1995

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