Supreme Court Report

Supreme Court of the United States · Official docket →

Sae Han Sheet Co., Ltd. v. Eastman Performance Films, LLC

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 19-2080 · judgment November 17, 2020

Certiorari denied · June 14, 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.

Question presented

  1. The district court below dismissed Petitioner’s complaint with prejudice based upon a false representation made by Respondent and without providing Petitioner a specific warning required by case law going back to the early 1990s, when the Court last reviewed the sanction of dismissal with prejudice. The court of appeals glossed over the Draconian dismissal in a summary, unpublished affirmance. Respondent and its counsel were effectively rewarded for their false representation instead of being themselves sanctioned. The question before the Court is whether lower courts must refrain from using the sanction of dismissal unless egregious conduct justifying dismissal is committed in the face of direct, specific warnings in advance because dismissals impair with the right of access to the Courts and due process of law. LIST OF PARTIES The parties below were Petitioner Sae Han Sheet Co., Ltd., of South Korea, as plaintiff, and Respondent Eastman Performance Films, LLC, as defendant. CORPORATE DISCLOSURE Petitioner/Plaintiff Sat Han Sheet Company, Ltd., is not a publicly-traded company situated in the United States, although it is authorized to do business in the State of New York, as it is a closely-held entity organized under the laws of the Republic of Korea. -i-

Counsel of record

For petitioner
Michael S. Kimm
KIMM LAW FIRM

For respondent
Robert William Loftin
McGuireWoods LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jun 14 2021
    Petition DENIED.
  2. May 25 2021
    DISTRIBUTED for Conference of 6/10/2021.
  3. May 19 2021
    Waiver of right of respondent Eastman Performance Films to respond filed.
  4. Mar 15 2021
    Petition for a writ of certiorari filed. (Response due June 17, 2021)