Supreme Court Report

Supreme Court of the United States · Official docket →

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

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-16074 · judgment August 17, 2020


Certiorari denied · March 29, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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}

Counsel of record

For petitioner
Norman Allan Thomas
Norman A. Thomas, PLLC

For respondent
Robert J. Giuffra Jr.
Sullivan & Cromwell

Case

Conference history
Distributed for 1 conference

Proceedings

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