Legal Opinion
Counsel v. Dow
Court of Appeals for the Second Circuit
Decided June 10, 1988No. Nos. 308, 319, Dockets 87-7518, 87-7534PublishedCited by 21 opinions
1Opinion of the Court
LASKER, District Judge:
This is an appeal from a decision of the United States District Court for the District of Connecticut (Nevas, J.), awarding plaintiff Donnell Counsel attorney’s fees from state and local educational authorities under the Handicapped Children’s Protection Act of 1986 (“HCPA”), 20 U.S.C. § 1415(e)(4)(B)-(G) (Supp. IV 1986).
The appeal presents three issues: 1) whether the district court correctly determined that the HCPA’s provision for retroactive attorney’s fees was validly enacted pursuant to Congress’ Spending clause powers and its enforcement power under Section Five…
2Cases cited34 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Board of Education of the Hendrick Hudson Central School District v. Rowley Ex Rel. RowleySupreme Court of the United States · 1982
- Honig v. DoeSupreme Court of the United States · 1988
- Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
- Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
29 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Geneva Butts v. The City of New York Department of Housing Preservation and DevelopmentCourt of Appeals for the Second Circuit · 1993
- Lani Moore v. District of ColumbiaCourt of Appeals for the D.C. Circuit · 1990
- Clifford Burr, by His Parents and Next Friends, Kenneth Burr, Betty Burr v. Gordon Ambach, as Commissioner of the New York State Education DepartmentCourt of Appeals for the Second Circuit · 1988
- United States Football League v. National Football LeagueDistrict Court, S.D. New York · 1989
- Jock Orville Autio v. State of MinnesotaCourt of Appeals for the Eighth Circuit · 1998
16 more not listed; retrieve them via the Exa API.