Legal Opinion
Perdue v. Kenny A. ex rel. Winn
Supreme Court of the United States
Decided April 21, 2010No. 08-970PublishedCited by 830 opinions
1Opinion of the Court 1
OPINION OF THE COURT
[559 U.S. 546]
2Opinion of the Court · AlitoJustice Alito
This case presents the question whether the calculation of an attorney’s fee, under federal fee-shifting statutes, based on the “lodestar,” i.e., the number of hours worked multiplied by the prevailing hourly rates, may be increased due to superior performance and results.1 We have stated in previous cases that such an increase is permitted in extraordinary circumstances, and we reaffirm that rule. But as we have also said in prior cases, there is a strong presumption that the lodestar is sufficient; factors *502subsumed in the lodestar calculation cannot be used…
3Cases cited17 opinions
- Hensley v. EckerhartSupreme Court of the United States · 1983
- Blum v. StensonSupreme Court of the United States · 1984
- Gisbrecht v. BarnhartSupreme Court of the United States · 2002
- Johnson v. Georgia Highway Express, Inc.Court of Appeals for the Fifth Circuit · 1974
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
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4Cited by830 opinions
- Millea v. Metro-North RailroadCourt of Appeals for the Second Circuit · 2011
- Broekelschen v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2011
- Rohrmoos Venture, Eric Langford, Dan Basso, and Tobin Grove v. Utsw DVA Healthcare, LlpTexas Supreme Court · 2019
- El Apple I, Ltd. v. OlivasTexas Supreme Court · 2012
- Lilly v. City of N.Y.Court of Appeals for the Second Circuit · 2019
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