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PERDUE, GOV. OF GA v. KENNY A.

Docket No.: 08-970
Certiorari Granted: 4/6/2009
Argued: October 14, 2009
Decided: April 21, 2010

Topics:

abuse of discretion, antitrust, judicial review

PartyNames: Sonny Perdue, Governor of Georgia, et al. v. Kenny A., By His Next Friend Linda Winn, et al.
Petitioner: Sonny Perdue, Governor of Georgia, et al.
Respondent: Kenny A., By His Next Friend Linda Winn, et al.

Court Below: United States Court of Appeals for the Eleventh Circuit
Citation: 532 F.3d 1209

Sonny Perdue, Governor of Georgia, et al.
v.
Kenny A., By His Next Friend Linda Winn, et al.
Consideration Limited:

LIMITED TO QUESTION 1 PRESENTED BY THE PETITION.

Question Presented:

1. 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 when these factors already are included in the lodestar calculation? 2. Is an enhancement to the lodestar based on quality of representation and results obtained contrary to this Court's decisions in Pennsylvania v. Delaware Valley Citizens' Council for Clean Air, 478 U.S. 546 (1986), and City of Burlington v. Dague, 505 U.S. 557 (1992), particularly after the lodestar has been reduced for excessive hours billed?

Question:

Can the reasonable attorneys' fee award under a federal fee-shifting statute ever be enhanced based solely on the quality of performance and results obtained?

PERDUE, GOV. OF GA v. KENNY A.
ORAL ARGUMENT

October 14, 2009

Holding: reversed and remanded
Vote: 5-4
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