A state appeals court on Thursday revoked a 20 percent fee enhancement in an Americans with Disabilities Act settlement, finding a lack of exceptional circumstances to justify it.
The judge below did not satisfy the six-part test enunciated by the U.S. Supreme Court for increasing fee awards above the lodestar. Among the necessary findings is that the party seeking enhancement must show “rare and exceptional circumstances,” the high Court said on April 21 in Perdue v. Kenny A., 08-970.
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