Ninth Circuit So Holds in Alaska Case.
Although we generally limit ourselves to California cases, we do a short report on Disability Law Center of Alaska, Inc. v. Anchorage School Dist., Case No. 08-35057 (9th Cir. Sept. 9, 2009) (for publication) because of its potential importance in future California cases.
There, plaintiff—an Alaskan designated agency for the disabled individuals—sought to enjoin a school district about contact information for students’ guardians or legal representatives. The injunctive request was firmly based in federal statutes. Plaintiff lost, with the district court awarding attorney’s fees to the school district based on an Alaskan civil procedure rule.
Plaintiff appealed the fee award—and won.
Federal law governs a pure federal question case. Because no state law issue was raised, it was error to award fees based on a rule that applied to diversity cases or federal question cases with supplemental jurisdiction over state-law claims.