TBA Law Blog

TBA Law Blog

Justices Consider When Attorneys' Fees Should Be Awarded

Posted by: Stacey Shrader Joslin on Oct 10, 2024
News Type: U.S. Supreme Court

The U.S. Supreme Court recently heard arguments in a Virginia case that attorneys say could have drastic consequences on the ability to litigate civil rights cases. The case involves a group of indigent Virginia drivers who challenged a state law that automatically suspended their licenses for failure to pay certain court fees. A federal trial court agreed with the plaintiffs and granted a preliminary injunction. Before the case went to trial, the state legislature repealed the law. When the group sought to have attorneys' fees covered, the state argued that the preliminary injunction was not sufficient to qualify them as the “prevailing party” and thus attorneys’ fees were not warranted. Bloomberg Law has more on the case, while the Nashville Banner looks at the impact on civil rights cases. A number of lawyers say that if the court upholds Virginia’s position, civil rights lawyers, who often rely on attorneys' fees, would be disincentivized to take cases knowing that government entities could simply change laws after an injunction to avoid paying.

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