December 18, 2009
On October 14, 2009, the Supreme Court heard oral argument in Perdue v. Kenny A. The issue in this case is whether 42 U.S.C. 1988, which authorizes courts to order losing parties to pay "reasonable" attorney’s fees to prevailing parties in certain civil rights cases, allows courts to enhance these fees solely due to quality of performance and results obtained as opposed to calculating them by multiplying the hours worked by the hourly rate ordinarily billed by attorneys of similar skill and experience.
To discuss the case, we have Visiting Legal Fellow at the Heritage Foundation’s Center for Legal and Judicial Studies, Jack Park.