A split U.S. Supreme Court on Wednesday rejected an Atlanta federal judge’s conclusion that lawyers whose suit prompted major reforms in Georgia’s foster care system should be awarded a $4.5 million bonus.
In Perdue v. Kenny A, much anticipated by civil rights and public interest groups that depend on fee-shifting statutes when they get successful results, the 5-4 majority ruling said judges may award fee enhancements above the “lodestar” amount to lawyers for superior performance-but only in rare and well-documented circumstances. The majority sent the Atlanta case back to lower courts with the possibility that, with enough justification, the additional award could be revived.
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