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STINNIE v. HOLCOMB

No. 21-1756.

37 F.4th 977 (2022)

Damian STINNIE; Melissa Adams; Adrainne Johnson; Williest Bandy; Brianna Morgan, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Richard D. HOLCOMB, in his official capacity as the Commissioner of the Virginia Department of Motor Vehicles, Defendant-Appellee. American Civil Liberties Union of Virginia, et al, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 27, 2022.

Attorney(s) appearing for the Case

ARGUED: Tennille Jo Checkovich , SMITHFIELD FOODS, INC., Smithfield, Virginia, for Appellants. Trevor Stephen Cox , HUNTON ANDREWS KURTH, LLP, Richmond, Virginia, for Appellee. ON BRIEF: Jonathan T. Blank , Benjamin P. Abel , Charlottesville, Virginia, John J. Woolard , MCGUIREWOODS LLP, Richmond, Virginia; Angela A. Ciolfi , Charlottesville, Virginia, Patrick Levy-Lavelle , LEGAL AID JUSTICE CENTER, Richmond, Virginia; Leslie Kendrick , Charlottesville, Virginia; Michael Stark , Smithfield, Virginia, for Appellants. Mark R. Herring , Attorney General, Donald D. Anderson , Deputy Attorney General, Julie M. Whitlock , Senior Assistant Attorney General & Transportation Section Chief, Janet W. Baugh , Senior Assistant Attorney General, Christian A. Parrish , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia; Maya M. Eckstein , David M. Parker , HUNTON ANDREWS KURTH LLP, Richmond, Virginia, for Appellee. Theodore A. Howard , WILEY REIN LLP, Washington, D.C., for Amici Curiae.

Affirmed by published opinion. Judge Thacker wrote the opinion, in which Judge Harris and Judge Quattlebaum joined. Judge Harris wrote a concurring opinion.

This fee dispute arises from a putative class-action challenge to a now-repealed Virginia statute that triggered the automatic suspension of the driver's licenses of Damian Stinnie, Demetrice Moore, Robert Taylor, Neil Russo (collectively, "Appellants"), and numerous other Virginia residents for nonpayment of court costs...

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