Tuesday, October 11, 2005

Supreme Court Calls for Solicitor General's Views on IDEA Fee Split

As Lyle Denniston reports here, today's Supreme Court orders list contained an order calling for the Solicitor General's views regarding the cert. petition in Arlington Central School District v. Murphy, No. 05-18. As I noted here, that case presents the question whether prevailing parents in IDEA cases may recover expert fees, as well as attorneys fees, a question that has divided the courts of appeals. There is no time limit on the SG's response to invitations like this, and I wouldn't expect a response at least until the time over the winter when the arguments for this Term are about to fill up.

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