No. 20-1170

James Ben Feinman v. Volkswagen Group of America, Inc.

Lower Court: Ninth Circuit
Docketed: 2021-02-24
Status: Denied
Type: Paid
Response Waived
Tags: anti-injunction-act claim-preclusion class-action due-process in-personam injunction judgment party service-of-process
Key Terms:
Environmental DueProcess Privacy ClassAction JusticiabilityDoctri Jurisdiction
Latest Conference: 2021-03-26
Question Presented (AI Summary)

Is one bound by a judgment in personam in a class action litigation in which he or she is not designated as a party, is not a member of the class, and to which he or she has not been made a party by service of process?

Question Presented (OCR Extract)

QUESTIONS PRESENTED 1. Is one bound by a judgment in personam in a class action litigation in which he or she is not designated as a party, is not a member of the class, and to which he or she has not been made a party by service of process? 2. Does judicial action enforcing a class action settlement purporting to release the vested statutory property rights of one who is not a party, is not a member of the class, and who was not served with process in the class action meet the due process requirements of the Fifth (and Fourteenth) Amendments? 3. Can a class action settlement be applied to bar claims for State law statutory attorney fee liens that accrue after the filing of the initial Complaint, in violation of Lucky Brand Dungarees, Inc. v. Marcel Fashions Group, Inc., 206 L.Ed. 2d 893 (May 14, 2020)? 4. Can an injunction be enforced against one not named in the injunction order, and who is not within the defined boundaries of FRCP 65(d)(2)? 5. Can a federal district court use an earlier injunction order to later impose an injunction on a non-party’s State court litigation when the four corners of the earlier injunction order did not encompass the later State court litigation? 6. Can the “impermissible collateral attack doctrine” be used to affect claim preclusion against one not named as a party in a class action suit, who is not a member of the class, and who was not served with process? {2821 / 017} ii 7. Can a State court be enjoined by a federal district court from litigating a claim without the district court articulating the basis of the injunction under one of the specific exceptions to the Anti-Injunction Act, 28 U.S.C. § 2283? {2821 / 017} ili LIST OF ALL

Docket Entries

2021-03-29
Petition DENIED. Justice Breyer took no part in the consideration or decision of this petition.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-02-26
Waiver of right of respondent Volkswagen Group of America, Inc to respond filed.
2021-02-22
Petition for a writ of certiorari filed. (Response due March 26, 2021)

Attorneys

James Ben Feinman
Norman Allan ThomasNorman A. Thomas, PLLC, Petitioner
Volkswagen Group of America, Inc
Robert J. Giuffra Jr.Sullivan & Cromwell, Respondent