In a recent decision, the U.S. Supreme Court concluded that attorneys cannot claim fees based on a successful preliminary injunction under the fee-shifting provision of a civil rights statute. In the ruling for Lackey v. Stinnie, the court determined by a 7-2 vote that achieving a preliminary injunction represents only temporary success at an intermediary stage of litigation, as noted by Chief Justice John Roberts Jr. This decision implies that the Virginia Department of Motor Vehicles will not be responsible for covering over $1 million in legal fees owed to plaintiffs who had obtained a preliminary injunction against it in a civil rights case.
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