A Capehart Scatchard Blog

Tag: attorney’s fees

Appellate Division Limits Attorneys’ Fees in OPRA Case

By on December 12, 2017 in Open Public Records Act with 1 Comment

On November 27, 2017, the New Jersey Appellate Division in Kennedy v. Montclair Center Corporation Business Improvement District issued an unpublished decision in which it determined that the Open Public Records Act (“OPRA”) does not entitle a plaintiff to attorneys’ fees after the public agency satisfied his document request. Scott Kennedy made an OPRA request to the Montclair Center Corporation Business Improvement District (“Montclair Center”). Not having received an adequate response, Kennedy filed suit against the Montclair Center alleging that it had no OPRA custodian, had no OPRA request form, and charged excessive copying costs in violation of OPRA. After […]

Share

Continue Reading »

Third Circuit Holds Parents Entitled to Attorneys’ Fees on IDEA Procedural Issue

By on November 14, 2017 in Special Education/504 with 0 Comments

Special education cases can be quite expensive for school districts to litigate. This is especially so when parents are prevailing parties and the fee-shifting provision of the Individuals with Disabilities Education Act (“IDEA”) requires the school district to reimburse the parents for attorneys’ fees. Typically, parents are only entitled to attorneys’ fees if they are successful on the underlying merits of the case, not when they succeed on procedural or interlocutory issues. However, on October 11, 2017, the Third Circuit Court of Appeals in H.E. v. Walter D. Palmer Leadership Learning Partners Charter School held that parents can recover attorneys’ […]

Share

Continue Reading »

Attorney’s Fees Denied in OPRA Case for Failure to Cooperate

On April 24, 2017, the New Jersey Superior Court, Camden County, denied a plaintiff’s request for attorney’s fees under the Open Public Records Act (“OPRA”) in the case Grieco v. Borough of Haddon Heights. The Court determined that the public entity inadvertently omitted a record in response to the plaintiff’s OPRA request and that she made no attempt to cooperate with the agency to acquire the missing document prior to initiating a formal lawsuit. Heather Grieco submitted an OPRA request to the Borough of Haddon Heights (“Borough”) seeking notices to newspapers for all council meetings from November 1, 2014 to April […]

Share

Continue Reading »

Top