Federal Judge Upholds Kotin, Crabtree & Strong's $483K Charging Lien Against Former Client
"The lien also does not contravene public policy and is consistent with IDEA's statutory scheme. First, IDEA's fee-shifting provision provides for an award of reasonable fees and costs to the prevailing party, not all fees and costs. 20 U.S.C. § 1415(i)(3)(B)," Judge Janet Bond Arterton wrote.
January 13, 2023 at 01:44 PM
6 minute read
A federal judge rejected a mother's claims that the court erred in reducing the attorney fee award below the amount actually billed in a case involving special education services and upheld the $483,668.80 remaining balance owed to her former attorneys with the Boston-based firm Kotin, Crabtree & Strong.
At the heart of the case, a woman identified as "Jane Doe," on behalf of her son, "John Doe," brought a suit against the East Lyme Board of Education for violations of the Individuals with Disabilities Education Act in 2011. The U.S. District Court for the District of Connecticut ultimately held that the defendant failed to provide the student with required services during the pendency of the case and ultimately awarded Jane Doe her out-of-pocket expenses for those services; a prospective compensatory education award in the amount of $203,478.10; and $537,728.82 in attorney fees and costs, according to the court's opinion filed Jan. 5.
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