Supreme Court of the United States · Official docket →

Todd N. Zappone, et al. v. United States, et al.

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 16-4111 · judgment September 7, 2017

Certiorari denied · March 19, 2018

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

Whether a Bivens claim was filed outside the applicable statute of limitations when the claim was subject to equitable tolling because all of the Defendants had received actual notice within the period of the statute of limitations.
Whether an FTCA claim was subject to equitable tolling because the Plaintiff did not receive notice that their claim had been denied by the IRS and all of the Defendants had received actual notice within the period of the Statute of Limitations.

For petitioner
William Thomas Whitaker Jr.
William T. Whitaker Co., L.P.A.

For respondent
Noel John Francisco
Jones Day

Conference history
Distributed for 1 conference

Mar 19 2018
Petition DENIED.
Feb 21 2018
DISTRIBUTED for Conference of 3/16/2018.
Feb 14 2018
Waiver of right of respondents United States, et al. to respond filed.
Dec 06 2017
Petition for a writ of certiorari filed. (Response due March 12, 2018)