Alim Adburahman, et al. v. Hyundai Motor America, Inc., et al.
Environmental ClassAction JusticiabilityDoctri
Does a U.S. District Court have the power to dismiss cases previously transferred to a Multidistrict litigation, interfering with the adjudication of issues of national application?
QUESTIONS PRESENTED 1. Does a United States District Court, as affirmed by the Court of Appeals, have the power to exercise jurisdiction over and dismiss with prejudice cases previously transferred to a Multidistrict litigation, and not remanded, thereby interfering with the adjudication of issues of national application pending before the En Banc Court of Appeals for the Ninth Circuit and causing inconsistent rulings with the MDL Court? 2. When a District Court’s final order conflicts with the Court’s written opinion, does the final order control as held by this Court in Bell v. Thompson, 545 U.S. 794, 805, 125 S.Ct. 2825, 2832, 162 L.Ed.2d 693 (2005), or does the written opinion control as allowed here by the Fourth Circuit? 3. Does a District Court’s inherent authority to manage its docket allow it to remove the liberal standard for amendment of a complaint allowed by FRCP 15 (a)(2), as held here by the Fourth Circuit, or, as held by the Second, Third, and Seventh Circuit, is the District Court prohibited from requiring plaintiffs to propose amendments before the Court rules on a 12(b)(6) motion to dismiss on pain of forfeiture of the right to amend? ii LIST OF ALL