2009 Supreme Court term

SONNY PERDUE, GOVERNOR OF GEORGIA, ET AL. v. KENNY A., BY HIS NEXT FRIEND LINDA WINN, ET AL.

Dockets 08-970Argued
AI-generated independent summary

This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.

In brief

Overview

The Supreme Court heard arguments about how attorney’s fees should be calculated under 28 U.S.C. § 1988. The parties debated whether the “lodestar” – the product of hourly rates and hours worked – is an absolute ceiling on fee awards or whether it can be exceeded in extraordinary circumstances.

Background and question before the Court

Source-limited The available primary sources do not support a complete explanation yet.

What each side argues

Petitioners (Governor Sonny Perdue and Kenny A.)

Petitioners contend that the $6 million lodestar award was insufficient to compensate for the quality of representation and results obtained.

Petitioners argue that the lodestar is not merely a guiding principle but an absolute ceiling on the fee award.

Respondents (Kenny A. by his next friend Linda Winn)

According to Respondents, respondents describe the fee arrangement as a “partial contingency or hybrid contingency” model, which combines discounted hourly rates with a success bonus rather than a pure hourly rate plus a large bonus.

What happened at oral argument

Source-limited The available primary sources do not support a complete explanation yet.

What the Court decided

Pending This section will be added when the relevant Court material is available.

Why it matters

Source-limited The available primary sources do not support a complete explanation yet.

Terms to know

No glossary terms are available for this guide.

Primary sources

Read the source materials on the official site or open the immutable repository copy used for this guide.

  • 8e17507f94b7e648ecee-r1-b321065cff0ebec2.pdforal argument transcript

Guide generated September 23, 2026. Automated validation accepted this version.