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Michael R. Presley, et al. v. United States

Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 18-15091 · judgment May 15, 2019


Certiorari denied · October 7, 2019
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, an Eleventh Circuit decision below, and counsel who has filed here before.

Question presented

Whether, by holding that the federal Right to Financial Privacy Act was fully preempted by the Internal Revenue Code despite the Tenth Circuit’s decision to the contrary, the Eleventh Circuit erroneously upheld the issuance of United States’ summonses to a third party that only notified the taxpayers under investigation instead of all the taxpayers possessing an interest in the accounts, which resulted in the production of financial information of persons and business entities who did not receive notice of the summonses.

Counsel of record

For petitioner
Michael Robert Presley
Presley Law

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 07 2019
    Petition DENIED.
  2. Sep 04 2019
    DISTRIBUTED for Conference of 10/1/2019.
  3. Aug 26 2019
    Waiver of right of respondent United States to respond filed.
  4. Aug 13 2019
    Petition for a writ of certiorari filed. (Response due September 18, 2019)