Logourl black
From our private database of 14,100+ case briefs...

Perdue v. Kenny

United States Supreme Court
130 S. Ct. 1662 (2010)


Facts

Children in the Georgia foster-care system and their next friends (plaintiffs) filed a class-action suit against the governor of Georgia and other state officials (defendants) for deficiencies in the foster-care system that violated the plaintiffs’ federal and state constitutional and statutory rights. The parties entered into a consent decree, which was approved by the federal district court and resolved all issues other than the fees that the plaintiffs’ attorneys were to receive under 42 U.S.C. § 1988. The plaintiffs submitted a request for more than $14 million in attorneys’ fees, half of which was based on a traditional lodestar calculation that multiplied the hours worked by the standard hourly rates. The remaining half represented a fee enhancement for superior work and results. The district court awarded fees of approximately $10.5 million, based on the calculation of a lodestar sum of approximately $6 million and the enhancement of that sum by 75 percent. The district court justified the enhancement based on the lodestar sum’s failure to take into consideration the fact that the plaintiffs’ counsel (1) was required to advance case expenses of $1.7 million over a three-year period with no ongoing reimbursement, (2) was not paid on an ongoing basis for the case, and (3) was completely unable to recover a fee and reimbursement without a successful outcome. The court of appeals affirmed. The United States Supreme Court granted certiorari.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Alito, J.)

The holding and reasoning section includes:

  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 223,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.