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BLACKMAN v. DISTRICT OF COLUMBIA

No. 10-7019.

633 F.3d 1088 (2011)

Mikeisha BLACKMAN, by her next friend Mary Ann Blackman, et al., Appellees v. DISTRICT OF COLUMBIA, A Municipal Corporation, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided January 28, 2011.

Attorney(s) appearing for the Case

Stacy L. Anderson , Assistant Attorney General, argued the cause for appellants. With her on the briefs were Peter J. Nickles , Attorney General, Office of the Attorney General for the District of Columbia, Todd S. Kim , Solicitor General, and Donna M. Murasky , Deputy Solicitor General. Robert C. Utiger , Attorney, entered an appearance.

Shannen W. Coffin argued the cause for appellees. With him on the brief were Ira A. Burnim , Lindsey B. Lang , and Angela L. Lipscomb .

BROWN, Circuit Judge, and WILLIAMS, Senior Circuit Judge, each filed opinions concurring in the result.

SENTELLE, Chief Judge:

The District of Columbia appeals from an attorneys' fee award pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq. (IDEA). The District contends, as it did in the district court, that the amount of the fee award ($1,454,030.22) unlawfully exceeds the statutory fee cap of $4000. The district court held that the statutory fee cap of $4,000 was not applicable to a class action as a whole, but instead...

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