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Alim Adburahman, et al. v. Hyundai Motor America, Inc., et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 17-1582, 17-1587 · judgment July 13, 2018
Before the decision, roughly the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Fourth Circuit decision below, and down for a business respondent.
Questions presented
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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?
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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?
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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?
Counsel of record
For petitioner
Elwood Earl Sanders Jr.
Attorney at Law
For respondent
Shon Morgan
Quinn Emanuel Urquhart & Sullivan, LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Dec 03 2018Petition DENIED.
- Nov 07 2018DISTRIBUTED for Conference of 11/30/2018.
- Oct 31 2018Waiver of right of respondents Hyundai Motor America, Inc., et al. to respond filed.
- Oct 11 2018Petition for a writ of certiorari filed. (Response due November 16, 2018)