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Perdue v. Kenny A.

United States Supreme Court

559 U.S. 542 (2010)

Relevant factsFree

Children in Georgia's foster-care system (plaintiffs) sued state officials (defendants) over alleged civil-rights violations in the system, and after eight years of litigation reached a consent decree requiring comprehensive reforms; plaintiffs' counsel then sought over $14 million in fees under § 1988, about half from a straightforward lodestar calculation (hours times hourly rate) and the rest as an enhancement for superior performance and results. The district court awarded a $6 million lodestar fee plus a $4.5 million enhancement based on counsel's large unreimbursed expense outlay, payment delays, the contingency nature of the representation, and counsel's exceptional skill and results; the Eleventh Circuit affirmed, and the officials sought certiorari.

IssueFree

Whether a court may increase a § 1988 attorney's-fee award calculated under the lodestar method without a reasonably specific explanation grounded in factors the lodestar method does not already account for.

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