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2003 Articles

Seventh Circuit holds Buckhannon applies to IDEA By Phil Milsk December 2003 In Buckhannon Board. & Care Home v. W. Va. Dept. of Health and Human Resources, 532 U.S. 598(2001), a case involving attorney fee-shifting provisions of the Americans with Disabilities Act and the Fair Housing Amendments Act, the Supreme Court held that in order to be a “prevailing party” under those acts a litigant must obtain judicially-sanctioned relief such as a judgment on the merits or a consent decree. 532 U.S. at 603-604.