Perdue v. Kenny A.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 08-970 | 11th Cir. | Apr 28, 2025 | 5-4 | Alito | OT 2009 |
Holding: A federal court can award larger-than-usual attorney's fees to a civil rights lawyer who gives an especially strong performance in a particular case, but only in extraordinary circumstances.
Judgment: Reversed and remanded, 5-4, in an opinion by Justice Samuel Alito on April 28, 2025. Justice Breyer concurred in part and dissented in part, joined by Justices Stevens, Ginsburg, and Sotomayor.
SCOTUSblog Coverage
- Rejecting fee enhancements without rejecting them (Erin Miller, May 3, 2010)
- Analysis: The lodestar as gold standard (Lyle Denniston, April 21, 2010)
- Perdue v. Kenny A.: Is the "Lodestar" Approach Adequate for Calculating Attorney's Fees? (Argument Recap) (Anna Christensen, October 15, 2009)
- Perdue v. Kenny A.: Can Attorney's Fee Awards Be Enhanced Based On Quality Of Performance? (Argument Preview) (Anna Christensen, October 13, 2009)
- A test of a $10 million attorneys' fee (Lyle Denniston, April 6, 2009)
Briefs and Documents
Merits Briefs
- Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
- Brief for Respondent Kenny A., By His Next Friend Linda Winn, et al.
- Reply Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
Amicus Briefs
- Brief for the States of Alabama, Alaska, Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming, and The District of Columbia in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the The National Governors Association, National Conference of State Legislatures, National Association of Counties, International City/County Management Association, and International Municipal Lawyers Association in Support of Petitioner
- Brief for the Association County Commissioners of Georgia in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for the Old Republic Insurance Company and the National Association of Waterfront Employers in Support of Petitioner
- Brief for Small Private Law Firms That Rely on Statutory Fee Awards in Public Interest Litigation in Support of Respondent
- Brief for NAACP Legal Defense and Education Fund in Support of Respondent
- Brief for the Liberty Legal Institute, the American Center for Law and Justice, the CATO Institute, the Institute for Justice, Liberty Counsel, Alliance the Defense Fund, and the James Madison Center for Free Speech in Support of Respondent
- Brief for the Lawyers’ Committee for Civil Rights Under Law, AARP, Alliance for Justice, the American Civil Liberties Union, the Mexican American Legal Defense and Education Fund, the National Disability Rights Network, the National Partnership for Women and Families, the National Urban League, the National Women’s Law Center, and Public Citizen in Support of Respondent
- Brief for Law and Economics Scholars Lucian A. Bebchuk, Albert Choi, Andrew F. Daughety, John J. Donohue III, Theodore Eisenberg, Bruce L. Hay, Avery W. Katz, Herbert M. Kritzer, Jennifer F. Reinganum, and Kathryn Spier in Support of Respondent
- Brief for the Civil Rights Clinic at Howard University School of Law in Support of Respondent
- Brief for the New York State Bar Association, the Pennsylvania State Bar Association, the Ohio State Bar Association, the Bar Association of the District of Columbia, the Iowa State Bar Association, the Tennessee State Bar Association, the Washington Bar Association, the American Association of Jewish Lawyers and Jurists in Support of Respondent
- Brief for the American Association for Justice, Public Justice, P.C., The National Employment Lawyers Association, and the Impact Fund in Support of Respondent
Certiorari-stage documents
- Opinion below (11th Circuit)
Merits Briefs
- Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
- Brief for Respondent Kenny A., By His Next Friend Linda Winn, et al.
- Reply Brief for Petitioner Sonny Perdue, In His Official Capacity as Governor of Georgia, et al.
Amicus Briefs
- Brief for the States of Alabama, Alaska, Arkansas, Colorado, Florida, Hawaii, Idaho, Indiana, Maine, Maryland, Massachusetts, Michigan, Nebraska, Nevada, New Hampshire, New Jersey, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Washington, Wisconsin, Wyoming, and The District of Columbia in Support of Petitioner
- Brief for the United States of America in Support of Petitioner
- Brief for the National School Boards Association in Support of Petitioner
- Brief for the The National Governors Association, National Conference of State Legislatures, National Association of Counties, International City/County Management Association, and International Municipal Lawyers Association in Support of Petitioner
- Brief for the Association County Commissioners of Georgia in Support of Petitioner
- Brief for the Washington Legal Foundation in Support of Petitioner
- Brief for the Old Republic Insurance Company and the National Association of Waterfront Employers in Support of Petitioner
- Brief for Small Private Law Firms That Rely on Statutory Fee Awards in Public Interest Litigation in Support of Respondent
- Brief for NAACP Legal Defense and Education Fund in Support of Respondent
- Brief for the Liberty Legal Institute, the American Center for Law and Justice, the CATO Institute, the Institute for Justice, Liberty Counsel, Alliance the Defense Fund, and the James Madison Center for Free Speech in Support of Respondent
- Brief for the Lawyers’ Committee for Civil Rights Under Law, AARP, Alliance for Justice, the American Civil Liberties Union, the Mexican American Legal Defense and Education Fund, the National Disability Rights Network, the National Partnership for Women and Families, the National Urban League, the National Women’s Law Center, and Public Citizen in Support of Respondent
- Brief for Law and Economics Scholars Lucian A. Bebchuk, Albert Choi, Andrew F. Daughety, John J. Donohue III, Theodore Eisenberg, Bruce L. Hay, Avery W. Katz, Herbert M. Kritzer, Jennifer F. Reinganum, and Kathryn Spier in Support of Respondent
- Brief for the Civil Rights Clinic at Howard University School of Law in Support of Respondent
- Brief for the New York State Bar Association, the Pennsylvania State Bar Association, the Ohio State Bar Association, the Bar Association of the District of Columbia, the Iowa State Bar Association, the Tennessee State Bar Association, the Washington Bar Association, the American Association of Jewish Lawyers and Jurists in Support of Respondent
- Brief for the American Association for Justice, Public Justice, P.C., The National Employment Lawyers Association, and the Impact Fund in Support of Respondent
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