A.R. EX REL. R.V. v. NEW YORK CITY DEPT. OF EDUC.

Nos. 02-9471 to 02-9473.

407 F.3d 65 (2005)

A.R., on behalf of her minor child, R.V., M.S., on behalf of her minor child, I.O., M.L., on behalf of her minor child, J.L., Plaintiffs-Appellees, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellant. S.W. and M.M., on behalf of N.W., Plaintiffs-Appellees, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK, (District 2), Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Final submission: May 18, 2004.

Decided: May 10, 2005.


Attorney(s) appearing for the Case

Kristin M. Helmers, Assistant Corporation Counsel of the City of New York (Michael A. Cardozo, Corporation Counsel of the City of New York, Leonard Koerner, Martin Bowe, of counsel), New York, NY, for defendant-appellant in both appeals.

Michael D. Hampden, Legal Services for Children, Inc., New York, NY, for plaintiffs-appellees A.R., M.S., and M.L. in Nos. 02-9471, 02-9472, and 02-09473.

Gary S. Mayerson, Mayerson & Associates (Amanda L. Oren, of counsel), New York, NY, for plaintiffs-appellees S.W. and M.M. in No. 03-7258.

Before: McLAUGHLIN, SACK, and SOTOMAYOR, Circuit Judges.


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), "[e]ssentially, 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...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases