Supreme Court of the United States
Perdue v. Kenny A., by His Next Friend Winn
April 21, 2010559 U.S. 542
Summary
The Court held that attorney fee enhancements under § 1988 are permitted only in extraordinary circumstances where specific evidence proves the lodestar is insufficient to attract competent counsel. It reversed the lower court's 75% enhancement due to lack of objective justification, maintaining the strong presumption that the lodestar is reasonable. Justices Kennedy and Thomas concurred in the judgment, while Justice Breyer concurred in part and dissented in part.
Holding
- Whether the lodestar calculation may be increased due to superior performance and results?. The calculation of an attorney’s fee based on the lodestar may be increased due to superior performance, but only in extraordinary circumstances.
- Whether the District Court provided proper justification for the 75% fee enhancement?. The District Court did not provide proper justification for the 75% fee enhancement it awarded in this case.
Docket 08-970
Cited authorities
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