good-faith-defense
32 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-493 | Michael Shipton v. Baltimore Gas & Electric Company, et al. | Fourth Circuit | 2024-10-31 | Denied | Response Waived | circuit-split employer-liability employment-law fmla-interpretation good-faith-defense statutory-interpretation | Is an employer who terminates an employee because it honestly, but mistakenly, believed that the employee's leave was not protected by the FMLA still … |
| 23-1321 | Jeffrey Batio v. United States | Seventh Circuit | 2024-06-18 | Denied | criminal-intent fraudulent-intent good-faith good-faith-defense jury-instruction jury-instructions mail-fraud misrepresentation misrepresentations wire-fraud | Proving federal mail or wire fraud requires proving a defendant's specific intent to defraud. A defendant's good faith that his representations are tr… | |
| 22-567 | Gary Mattos, et al. v. AFSCME Council 3 | Fourth Circuit | 2022-12-20 | Denied | Response Waived | 42-usc-1983 agency-fees civil-rights constitutional-rights damages first-amendment good-faith good-faith-defense section-1983 state-law state-law-immunity | Section 1983 provides that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State" deprives a citizen of… |
| 22-394 | Eric Brown, et al. v. American Federation of State, County, and Municipal Employees, Council 5, AFL-CIO, et al. | Eighth Circuit | 2022-10-27 | Denied | Response Waived | 42-usc-1983 agency-fees civil-rights constitutional-rights damages-liability first-amendment good-faith good-faith-defense section-1983 | Section 1983 provides that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State" deprives a citizen of… |
| 22-373 | David Schaszberger, et al. v. American Federation of State, County and Municipal Employees, Council 13 | Third Circuit | 2022-10-20 | Denied | Response Waived | 42-usc-1983 civil-rights constitutional-rights damages-liability due-process good-faith good-faith-defense qualified-immunity retroactivity state-action | Is there a "good faith " defense under 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional… |
| 22-255 | Scott Wilford, et al. v. National Education Association, et al. | Ninth Circuit | 2022-09-19 | Denied | Response Waived | 42-usc-1983 civil-rights due-process fair-share-fees free-speech good-faith-defense janus-precedent public-sector-unions retroactive-effect retroactivity section-1983 | 1. Whether the Ninth Circuit erred by basing a defense to § 1983 on "equality and fairness" rather than determining whether the common law in 1871 pro… |
| 21-1418 | Medardo Queg Santos v. United States | Eleventh Circuit | 2022-05-04 | GVR | Response RequestedRelisted (2) | controlled-substances expert-testimony good-faith good-faith-defense medical-practice medical-purpose relevant-conduct sentencing sentencing-guidelines | 1. If a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or ou… |
| 21-1300 | Mark Gabriele, et al. v. Service Employees International Union, Local 1000, et al. | Ninth Circuit | 2022-03-29 | Denied | Response Waived | civil-rights constitutional-rights due-process fair-share-fees good-faith-defense janus-vs-afscme restitution retroactivity section-1983 union-fees | Petitioners are employees of the State of California who declined to join a public union. They seek a refund of the fair-share fees that public-sector… |
| 21-1306 | Stacy Penning v. Service Employees International Union, Local 1021, et al. | Ninth Circuit | 2022-03-29 | Denied | Response Waived | 42-U.S.C.-1983 42-usc-1983 civil-rights constitutional-rights due-process fair-share-fees good-faith-defense janus-v-afscme public-sector-unions retroactive-effect retroactivity | 1. Whether the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collecto… |
| 21-1008 | Andres Mencia v. United States | Eleventh Circuit | 2022-01-20 | GVR | Relisted (2) | criminal-conduct criminal-intent criminal-liability due-process expert-testimony good-faith-defense medical-practice medical-standard-of-care mens-rea prosecutorial-discretion standard-of-care | For more than a decade, the civil standard of care established for the practice of medicine has been utilized by federal prosecutors in criminal prose… |
| 21-762 | Lena Lasher v. United States | Second Circuit | 2021-11-22 | Denied | Response RequestedResponse WaivedRelisted (2) | brady-violation criminal-prosecution good-faith-defense medical-practitioner medical-practitioners misbranding pharmacist prescription prescription-validity scope-of-practice | 1. Where the government prosecutes a licensed pharmacist under "Misbranding ", 18 usc§ 371, 21 USC§§ 331(a) and 333(a)(2), for dispensing "invalid " p… |
| 21-480 | William D. Brice v. California Faculty Association | Ninth Circuit | 2021-09-30 | Denied | 42-usc-1983 agency-fees civil-rights damages first-amendment good-faith good-faith-defense monetary-damages retrospective-liability statute-of-limitations union-dues | Whether an affirmative good faith defense denying damages to the victims of First Amendment wrongdoing is faithful to the language and purpose of 42 U… | |
| 21-185 | Scott Solomon v. American Federation of State, County, and Municipal Employees, District Council 37, AFL-CIO | Second Circuit | 2021-08-10 | Denied | agency-fees civil-rights constitutional-rights first-amendment good-faith-defense janus-v-afscme restitution section-1983 state-law | Section 1983 provides that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State" deprives a citizen of… | |
| 21-5261 | Shakeel Kahn v. United States | Tenth Circuit | 2021-07-29 | Judgment Issued | Relisted (2)IFP | controlled-substances-act disjunctive-conjunctive good-faith-defense legitimate-medical-purpose mens-rea usual-course-professional-practice | 1. Where the government prosecutes a medical practitioner under the Controlled Substances Act for issuing a prescription outside "the usual course of … |
| 21-29 | Blake Leitch, et al. v. American Federation of State, County and Municipal Employees, Council 31, AFL-CIO | Seventh Circuit | 2021-07-09 | Denied | 42-usc-1983 agency-fees civil-rights constitutional-rights first-amendment good-faith-defense janus-v-afscme section-1983 state-law wyatt-v-cole | Section 1983 provides that "every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State" deprives a citizen of… | |
| 20-1725 | David Seidemann, et al. v. Professional Staff Congress Local 2334, et al. | Second Circuit | 2021-06-14 | Denied | Amici (2) | 42-U.S.C.-1983 42-usc-1983 civil-rights constitutional-violation due-process fair-share-fees good-faith-defense janus-v-afscme restitution retroactivity union-fees | Petitioners are current and former public-school teachers in the State of New York who declined to join a public union. They seek a refund of the fair… |
| 20-1410 | Xiulu Ruan v. United States | Eleventh Circuit | 2021-04-07 | Judgment Issued | Amici (8)Relisted (5) | controlled-substances criminal-conviction criminal-liability good-faith-defense medical-ethics medical-prescribing prescription professional-practice statutory-interpretation | A physician otherwise authorized to prescribe controlled substances may be convicted of unlawful distribution under 21 U.S.C. § 841(a)(1) if his presc… |
| 20-1383 | Arthur Diamond, et al. v. Pennsylvania State Education Association, et al. | Third Circuit | 2021-04-02 | Denied | 42-usc-1983 civil-rights constitutional-rights damages damages-liability first-amendment good-faith-defense retroactivity section-1983 union-fees | 1. Is there a good-faith defense to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional ri… | |
| 20-605 | Kiernan Wholean, et al. v. CSEA SEIU Local 2001, et al. | Second Circuit | 2020-11-05 | Denied | Response RequestedResponse WaivedRelisted (2) | 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense qualified-immunity unconstitutional | Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig… |
| 20-486 | Nathaniel Ogle v. Ohio Civil Service Employees Association, AFSCME Local 11, AFL-CIO | Sixth Circuit | 2020-10-14 | Denied | Response RequestedResponse WaivedRelisted (3) | 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense legal-immunity | Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig… |
| 20-422 | Sarah R. Lee v. Ohio Education Association, et al. | Sixth Circuit | 2020-10-02 | Denied | Response RequestedResponse WaivedRelisted (3) | 42-usc-1983 civil-rights constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 | Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that the Constitution forbids public-… |
| 20-5493 | Tobias O. Reed v. Virginia | Virginia | 2020-08-25 | Denied | IFP | constitutional-evidence criminal-investigation ex-parte-order exclusionary-rule good-faith-defense good-faith-exemption illinois-v-krull prosecutorial-conduct prosecutorial-misconduct | I. Are prosecuting attorneys who engage with a court in the course of conducting a criminal investigation, such as obtaining an ex parte order, entitl… |
| 20-20 | Benito Casanova v. International Association of Machinists, Local 701 | Seventh Circuit | 2020-07-14 | Denied | Response RequestedResponse WaivedRelisted (7) | 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense legal-immunity | Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig… |
| 19-1130 | Dale Danielson, et al. v. Jay Inslee, Governor of Washington, et al. | Ninth Circuit | 2020-03-16 | Denied | Relisted (9) | 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights court-ruling good-faith-defense private-entities qualified-immunity restitution retroactivity takings | In Wyatt v. Cole, 504 U.S. 158 (1992), this Court held that qualified immunity is categorically unavailable to private entities who violate 42 U.S.C. … |
| 19-1126 | Stacey Mooney v. Illinois Education Association, et al. | Seventh Circuit | 2020-03-13 | Denied | Relisted (9) | 42-usc-1983 civil-rights civil-rights-42-usc-1983 constitutional-rights good-faith-defense private-entities qualified-immunity restitution restitutionary-remedies retroactivity section-1983 takings | Janus v. American Federation of State, County, and Municipal Employees, Council 31, 138 S. Ct. 2448 (2018), held that the Constitution forbids public-… |
| 19-1104 | Mark Janus v. American Federation of State, County and Municipal Employees, Council 31, et al. | Seventh Circuit | 2020-03-10 | Denied | Amici (1)Relisted (9) | 42-usc-1983 civil-rights color-of-law constitutional-rights damages-liability good-faith-defense legal-immunity unconstitutional-law | Is there a "good faith defense" to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constitutional rig… |
| 19-495 | Martin Shkreli v. United States | Second Circuit | 2019-10-16 | Denied | Response Waived | bank-fraud forfeiture-calculation good-faith good-faith-defense jury-instruction jury-instructions loss-causation mail-fraud materiality mens-rea no-ultimate-harm prosecutorial-standard securities-fraud statutory-interpretation wire-fraud | In prosecutions for mail, wire and bank fraud, which require a finding of a loss or an intended loss by the victim, a "no ultimate harm" instruction h… |
| 18-1489 | Curtland H. Caffey, et al. v. Brenda K. Bowers, Chapter 7 Trustee | Sixth Circuit | 2019-05-29 | Denied | automatic-stay bankruptcy-estate chapter-7 civil-procedure civil-rico good-faith good-faith-defense property-of-estate rico rico-action statutory-interpretation | 1. Whether a state RICO action for injuries to a Chapter 7 debtor that arises five years after the filing of the Chapter 7 petition is property of the… | |
| 18-8417 | Robert Jackson v. United States | Ninth Circuit | 2019-03-13 | Denied | IFP | 18-usc-287 circuit-split criminal-law false-claim false-claims false-claims-act good-faith-defense knowledge mens-rea statutory-interpretation willfulness | I. In a prosecution for filing a false claim against the United States in violation of 18 U.S.C. § 287, does the mens rea element require a showing of… |
| 18-1066 | Tracy Chang and Howard Hsu v. United States | Ninth Circuit | 2019-02-14 | Denied | Response Waived | criminal-defense criminal-procedure fourth-amendment good-faith good-faith-defense good-faith-reliance jury-instructions search-warrant standing tax-fraud | 1. Defendants requested instructions on their theory of defense, that they relied in good faith upon the professional advice of their CPAs when prepar… |
| 18-7231 | Mark J. Avery v. United States | Ninth Circuit | 2019-01-04 | Denied | Response WaivedIFP | criminal-procedure due-process fair-trial good-faith good-faith-defense money-laundering specific-intent trust trustee-liability wire-fraud | Where the defendant, trustee of a private trust charged with wire fraud and money laundering based on his non-disclosure and misspending involving tru… |
| 18-5780 | Peter Vincent Capra v. United States | Tenth Circuit | 2018-08-27 | Denied | Response WaivedIFP | appellate-court appellate-review certificate-of-appealability civil-procedure district-court due-process duty-to-disclose evidentiary-hearing expert-testimony final-order good-faith-defense ineffective-assistance ineffective-assistance-of-counsel judicial-discretion jurisdiction standing | Did the Appellate Court lack jurisdiction over the Appeal due to the fact from review of the record that the District Court had not adjudicated all of… |