No. 18-501

Alim Adburahman, et al. v. Hyundai Motor America, Inc., et al.

Lower Court: Fourth Circuit
Docketed: 2018-10-17
Status: Denied
Type: Paid
Response Waived
Tags: amendment appellate-procedure case-dismissal civil-procedure district-court-jurisdiction docket-management final-order frcp-15 judicial-authority jurisdiction multidistrict-litigation procedural-conflict
Key Terms:
Environmental ClassAction JusticiabilityDoctri
Latest Conference: 2018-11-30
Question Presented (AI Summary)

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?

Question Presented (OCR Extract)

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

Docket Entries

2018-12-03
Petition DENIED.
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-10-31
Waiver of right of respondents Hyundai Motor America, Inc., et al. to respond filed.
2018-10-11
Petition for a writ of certiorari filed. (Response due November 16, 2018)

Attorneys

Alim Adburahman, et al.
Elwood Earl Sanders Jr.Attorney at Law, Petitioner
Hyundai Motor America, Inc., et al.
Shon MorganQuinn Emanuel Urquhart & Sullivan, LLP, Respondent