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Remedies Keyed to Tabb, 8th
Perdue v. Kenny A.
Citation:
559 U.S. 542 (2010)Facts
Respondents, children in the Georgia foster-care system and their next friends, filed a class action on behalf of 3,000 children against the Governor of Georgia and state officials, alleging that deficiencies in the foster-care system violated federal and state constitutional and statutory rights. The case was referred to mediation, resulting in a consent decree that resolved all issues except attorney’s fees. Respondents requested more than $14 million in fees: half based on a lodestar calculation of approximately 30,000 hours at rates of $200 to $495 for attorneys, and half as an enhancement for superior work and results. The District Court found the hourly rates fair but reduced hours by 15%, calculating a lodestar of approximately $6 million, then enhanced this by 75% (adding $4.5 million) based on extraordinary expense outlays, delayed payment, contingency, and exceptional performance. The Eleventh Circuit affirmed, though the panel judges disagreed on the propriety of the enhancement.
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