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 Whether an employer's honest but mistaken belief about an employee's FMLA-protected leave precludes liability under the Family and Medical Leave Act
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 Does it improperly deprive a defendant of his defense of good faith when a jury is instructed that, if the jury finds any 'false and fraudulent repres…
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 Does defendant's good-faith reliance on a state law before it was held unconstitutional shield it from damages liability for taking agency fees from P…
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 Does defendants' good-faith reliance on a state law before it was held unconstitutional shield them from damages liability for taking agency fees from…
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 Whether the Ninth Circuit erred in allowing public-sector unions to keep ill-gotten fair-share fees
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 Whether a physician's good faith is a complete defense to a prosecution for prescribing controlled substances without a legitimate medical purpose or …
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 Whether this Court's application of a rule of federal law to the parties before it requires every court to give retroactive effect to that decision
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 Whether the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collector
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 Is the civil definition of standard of care sufficient to create criminal liability against physicians?
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 Mens rea-requirement-for-misbranding
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 Whether there is a categorical good-faith defense to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their …
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 where-government-prosecutes-medical-practitioner-controlled-substances-act
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 Whether there is a 'good faith defense' to 42 U.S.C. § 1983 that shields a defendant from damages liability for depriving citizens of their constituti…
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 Whether the proper remedy for the collection of an illegal fee is refund or restitution, regardless of the purported good faith of the fee collector
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 Whether a physician alleged to have prescribed controlled substances outside the usual course of professional practice may be convicted under Section …
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 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 right…
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 for depriving citizens of constitutional rights under color of unconstitutional law?
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 Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
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 Are prosecuting attorneys entitled to the same good faith exemption from the exclusionary rule as police officers?
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 Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
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 Does 42 U.S.C. § 1983 provide a 'good-faith defense' to private entities who violate another's constitutional rights before the courts have clearly es…
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 Whether a 'no ultimate harm' instruction in a securities fraud prosecution causes prejudicial jury confusion by effectively holding the accused to a 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 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 ba…
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 Whether the mens rea element for a false claim prosecution under 18 U.S.C. § 287 requires willfulness or mere knowledge
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 Whether a court must instruct the jury on a criminal defendant's good-faith reliance on professional tax advice as a defense, the scope of discretion …
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…