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Jay Anthony Dobyns v. United States

Paid petition · United States Court of Appeals for the Federal Circuit, No. 2015-5020, 2015-5021, 2017-1214 · judgment February 6, 2019

Certiorari denied · February 24, 2020
Pre-decision estimate: 2% cert probability

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

Question presented

  1. Whether the duty of good faith and fair dealing implied in all contracts, including contracts between private parties and the United States, permits a finding of breach of the duty when bad faith conduct by the United States violates the purpose of a contract regardless of whether the bad faith conduct is also “tethered” to a specific contract provision, a question about which panels within the Federal Circuit have disagreed frequently.

  2. Whether agreements for the safety of federal undercover agents are protected by a duty of good faith and fair dealing that is not restricted to the express terms of the contract, a question which has divided courts within the Federal Circuit. (i)

Counsel of record

For petitioner
James Bernard Reed
Udall Shumway PLC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Amicus briefs
1 cert-stage

Linked docket
19A65

Proceedings

  1. Feb 24 2020
    Petition DENIED.
  2. Jan 22 2020
    DISTRIBUTED for Conference of 2/21/2020.
  3. Jan 21 2020
    Reply of petitioner Jay Dobyns filed.
  4. Jan 03 2020
    Brief of respondent United States in opposition filed.
  5. Nov 19 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including January 3, 2020.
  6. Nov 18 2019
    Motion to extend the time to file a response from November 25, 2019 to January 3, 2020, submitted to The Clerk.
  7. Oct 24 2019
    Brief amici curiae of National Association of Police Organizations., et al. filed.
  8. Oct 17 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
  9. Oct 16 2019
    Motion to extend the time to file a response from October 24, 2019 to November 25, 2019, submitted to The Clerk.
  10. Sep 23 2019
    Petition for a writ of certiorari filed. (Response due October 24, 2019)
  11. Jul 17 2019
    Application (19A65) granted by The Chief Justice extending the time to file until September 21, 2019.
  12. Jul 13 2019
    Application (19A65) to extend the time to file a petition for a writ of certiorari from July 23, 2019 to September 21, 2019, submitted to The Chief Justice.
    Main Document