The original dispute involved Virginia citizen plaintiff Richard Holcomb, who sued the state’s Commissioner of Motor Vehicles Damian Stinnie to block a state law that suspended people’s drivers licenses for failing to pay fees. About 900,000 people were impacted by the law. (Photo: Cristian Baitg/iStock)
The U.S. Court of Appeals for the Fourth Circuit sitting en banc seemed likely to roll back a limit on attorney fees unique to the circuit; the only question remaining was under which standard would future fees be governed.
“You have to look at what was requested and what was obtained,” said Circuit Judge Paul Niemeyer of the civil rights case at hand which was mooted following legislative action but while a preliminary injunction was in place. “A preliminary injunction that obtains relief that’s irreversible and permanent is different from a preliminary injunction that could be reversed or just became moot.”
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