H.C. v. NEW YORK CITY DEPT. OF EDUC.

No. 21-1582 August Term 2022 No. 21-1961, No. 21-2130, No. 21-2744, No. 21-2848, No. 22-259, No. 22-290, No. 22-315, No. 22-422, No. 22-568, No. 22-586, No. 22-772, No. 22-775, No. 22-855, No. 22-977.

71 F.4th 120 (2023)

H.C., individually, and on behalf of J.C., a child with a disability, Plaintiff-Appellant, v. NEW YORK CITY DEPARTMENT OF EDUCATION, Defendant-Appellee. M.D., Individually, and on Behalf of L.D., a Child With a Disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. J.R., Individually, and on Behalf of J.B., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. M.H., individually, and on behalf of M.T., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. A.G., individually, and on behalf of R.P., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. D.P., individually, and on behalf of S.P., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. S.H., individually, and on behalf of K.H., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. V.W., individually, and on behalf of A.H., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. L.L., individually, and on behalf of S.L., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. H.W., individually, and on behalf of M.W., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. H.A., individually, and on behalf of M.A., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. N.G.B, individually, and on behalf of J.B., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. Board of Education of the Yorktown Central School District, Plaintiff-Counter-Defendant-Appellee, v. S.S., individually, and on behalf of M.S., a minor, C.S., individually, and on behalf of M.S., a minor, Defendants-Counter-Claimants-Appellants. A.W., individually, and on behalf of E.D., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee. R.P., individually, and on behalf of E.H.P., a child with a disability, Plaintiff-Appellant, v. New York City Department of Education, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: June 21, 2023.


Attorney(s) appearing for the Case

Benjamin M. Kopp ( Andrew K. Cuddy , on the briefs), Cuddy Law Firm, P.L.L.C., Auburn, NY, for Plaintiffs-Appellants.

Rebecca Visgaitis ( Richard P. Dearing , Clause S. Platton , Julie Steiner , Jane L. Gordon , Jesse A. Townsend , MacKenzie Fillow , Kate Fletcher , Devin Slack , Philip W. Young , on the briefs) for Hon. Sylvia O. Hinds-Radix, Corporation Counsel of the City of New York, New York, NY, for Defendant-Appellee.

Benjamin M. Kopp , Cuddy Law Firm, P.L.L.C., Auburn, NY, for Defendants-Counter-Claimants-Appellants.

Mark C. Rushfield , Shaw, Perelson, May & Lambert, LLP, Poughkeepsie, NY, for Plaintiff-Counter-Defendant-Appellee.

Before: Jacobs, Menashi, and Merriam, Circuit Judges.


These tandem appeals concern an important issue in our education law: fee shifting under the Individuals with Disabilities Education Act ("IDEA"), 20 U.S.C. § 1415(i). The general question presented is whether the district court abused its discretion in awarding less in attorneys' fees and costs than requested. For the reasons stated below...

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