Supreme Court of the United States

Sonny Perdue v. Kenny A., by His Next Friend Linda Winn — Thomas, J., Concurring

April 21, 2010176 L. Ed. 2d 494

Summary

Justice Thomas concurred in the judgment, agreeing that a lodestar fee award under § 1988 may be enhanced for attorney performance only in rare and exceptional circumstances. He noted that the lodestar calculation typically reflects performance, and enhancements should be infrequent. Justice Kennedy concurred, emphasizing that extraordinary cases are presented only in the rarest circumstances.