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Civil rights Keyed to Jeffries, 5th Ed.
Perdue v. Kenny A.
Citation:
559 U.S. 542 (2010)Facts
Respondents, children in Georgia’s foster care system, filed a class action on behalf of 3,000 children against the Governor of Georgia and various state officials, claiming deficiencies in the foster care system violated their constitutional and statutory rights. After years of contentious litigation involving complex procedural and substantive objections from the state, the parties entered into a consent decree that resolved all issues except attorney’s fees. Respondents’ attorneys requested more than $14 million in fees, with half representing the lodestar calculation (approximately 30,000 hours at rates of $200-$495 for attorneys) and half representing an enhancement for superior work and results. The District Court awarded approximately $10.5 million, reducing the claimed hours by 15% but adding a 75% enhancement to the $6 million lodestar. The court justified the enhancement based on counsel’s extraordinary skill and dedication, the exceptional results achieved, the advancement of case expenses without reimbursement, delayed payment, and the contingent nature of recovery.
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