Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

Peninsula School District v. D.P.

Petition for certiorari denied on February 21, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
11-539 9th Cir. N/A N/A N/A N/A OT 2011

Issue: (1) Under the Individuals with Disabilities Education Act (IDEA), what is the test for determining whether a plaintiff is “seeking relief that is also available under [IDEA],” thereby triggering the Act’s requirement that the plaintiff exhaust administrative remedies before filing suit? (2) When a plaintiff is in part “seeking relief also available under [IDEA],” must that plaintiff first exhaust the administrative remedies available under IDEA before pursuing any federal claim? (3) May a court reject a properly supported summary judgment motion and allow the non-moving party to amend its complaint to assert facts that contradict sworn deposition testimony?

Briefs and Documents

Certiorari-stage documents

 
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