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DISTRICT OF COLUMBIA v. JEPPSEN EX REL. JEPPSEN

No. 06-7200.

514 F.3d 1287 (2008)

DISTRICT OF COLUMBIA, a Municipal Corporation, Appellee v. Carolyn JEPPSEN and M.J., by her Parent and Next Friend, Carolyn JEPPSEN, Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 1, 2008.

Attorney(s) appearing for the Case

Paul S. Dalton argued the cause and filed the briefs for appellants. William E. Houston entered an appearance.

Mary T. Connelly, Assistant Attorney General, Office of Attorney General for the District of Columbia, argued the cause for appellee. With her on the brief were Linda J. Singer, Attorney General at the time the brief was filed, Todd S. Kim, Solicitor General, and Edward E. Schwab, Deputy Solicitor General.

Before: GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge:

The district court dismissed as moot the District of Columbia's suit against Carolyn Jeppsen and denied her application for attorneys' fees for want of jurisdiction. We hold she was eligible for attorneys' fees as the "prevailing party" within the meaning of the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1400 et seq.

I. Background

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