Supreme Court of the United States
Perdue v. Kenny A., by His Next Friend Winn
April 21, 2010559 U.S. 542
Summary
The Court reversed the Eleventh Circuit's affirmance of a District Court's 75% enhancement to a lodestar attorney's fee award under 42 U.S.C. § 1988. The Court held that while enhancements are permitted in rare and exceptional circumstances, factors subsumed in the lodestar calculation, such as quality of performance, generally cannot justify an increase. The District Court lacked objective evidence to support the enhancement, so the case was remanded. Justice Breyer concurred in part and dissented in part.