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Karen Chongah Han v. Hankook Tire Co., Ltd.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 19-3722 · judgment January 23, 2020

Certiorari denied · October 19, 2020
Pre-decision estimate: 0% cert probability

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

Question presented

Whether the doctrine of judicial estoppel can be applied to defeat subject matter jurisdiction that otherwise exists—while it cannot be used to create subject matter jurisdiction that otherwise does not exist—such that a federal court has discretion to dismiss a plaintiffs diversity action with prejudice for its alleged change in position regarding matters of subject matter jurisdiction that are unrelated to the merits of a case?

Counsel of record

For petitioner
Karen Chongah Han

For respondent
Jeffry Hugh Ray
Ray Pena McChristian, PC

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 19 2020
    Petition DENIED.
  2. Sep 30 2020
    DISTRIBUTED for Conference of 10/16/2020.
  3. Sep 25 2020
    Reply of petitioner Karen Chongah Han filed. (Distributed)
  4. Sep 16 2020
    Brief of respondent Hankook Tire in opposition filed.
  5. Aug 04 2020
    Petition for a writ of certiorari filed. (Response due September 16, 2020)