Perdue v. Kenny A.
Issues
Are courts ever allowed to increase the amount awarded in attorney’s fees to prevailing civil rights litigation plaintiffs in recognition of extraordinary performance by their counsel?
In 2005, Kenny A. and eight other plaintiffs (collectively “Kenny A.”) settled a federal civil rights class action lawsuit against the Georgia Department of Human Resources and others. The settlement provided, in relevant part, that “the Plaintiff Class is entitled to recover its expenses of litigation, including reasonable attorneys fees . . . pursuant to 42 U.S.C. § 1988.” The District Court for the Northern District of Georgia approved a lodestar amount and a fee enhancement, which the court attributed to the extraordinary performance by Kenny A.’s counsel. The Court of Appeals for the Eleventh Circuit affirmed, and the U.S. Supreme Court granted certiorari to determine if, under 42 U.S.C. § 1988, courts may increase the amount they award in attorney’s fees to prevailing civil rights litigation plaintiffs in recognition of extraordinary performance by their counsel. The Court's decision will affect the economic incentives around federal civil rights litigation.
Questions as Framed for the Court by the Parties
Can a reasonable attorney’s fee award under a federal fee-shifting statute ever be enhanced based solely on quality of performance and results obtained, or are these factors already included in the lodestar calculation?
Kenny A. and eight other named plaintiffs (collectively "Kenny A.") are minors in the custody of the Georgia Department of Human Resources. See Kenny A. v. Perdue, 532 F.3d 1209, 1214 (11th Cir. 2006). Kenny A.
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Additional Resources
· Law.com: Civil Rights Defendants Going After Attorneys’ Fees (Aug. 24, 2009)
· The ’Lectric Law Library: Attorney’s Fees
· Litigation Management Blog, Barger & Wolen LLP: Lodestar Adjustment (Feb. 6, 2009)