willfulness
24 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 24-6781 | Saud A. Alessa v. United States | Ninth Circuit | 2025-03-17 | Denied | Response WaivedIFP | civil-tax-code criminal-liability due-process evidence-preclusion tax-law willfulness | Whether the district court can preclude a defendant from presenting evidence about the complexity in the civil tax code to defend against the governme… |
| 23A1066 | Cox Communications, Incorporated, et al. v. Sony Music Entertainment, et al. | Fourth Circuit | 2024-05-30 | Presumed Complete | contributory-infringement copyright-infringement internet-service-provider knowledge-standard secondary-liability willfulness | Whether a provider of online services can be subject to contributory-infringement liability by providing general internet services with mere knowledge… | |
| 23-7480 | Sanjay Kumar v. United States | Fourth Circuit | 2024-05-14 | Denied | Response WaivedIFP | cheek-v-united-states criminal-defense criminal-procedure due-process good-faith-belief jury-instructions subjective-intent tax tax-crime willfulness | WHETHER JURY INSTRUCTIONS BY THE DISTRICT COURT, ON ONE OF THE ESSENTIAL ELEMENTS OF THE TAX CONVICTION, I.E., WILLFULNESS, BE IMPROPER, IF THEY DISRE… |
| 23-6109 | Tou Thao v. United States | Eighth Circuit | 2023-11-27 | Denied | Response WaivedIFP | 18-usc-242 civil-rights constitutional-rights criminal-procedure deprivation-of-rights due-process fair-trial prosecutorial-misconduct specific-intent willfulness | The Petitioner was convicted of two counts of deprivation of rights under color of law resulting in bodily injury and death in connection with the dea… |
| 22-1132 | Derek Sine v. Kathryn Kosmides | New York | 2023-05-22 | Denied | Response WaivedRelisted (2) | 14th-amendment appellate-review attorney-fees due-process evidentiary-hearing fourteenth-amendment order-of-protection willfulness | 1. Whether the Court of Appeals of the State of New York ("Court of Appeals") erred in denying Petitioner's motion for leave to appeal the decision of… |
| 22-598 | Arthur Bedrosian v. United States, et al. | Third Circuit | 2022-12-29 | Denied | Amici (1)Response RequestedResponse WaivedRelisted (2) | civil-penalty civil-procedure due-process foreign-account foreign-account-reporting irs objective-standard statutory-interpretation subjective-standard tax willful-violation willfulness | Whether willfulness under 31 U.S.C. § 5321(a)(5)(C) should be determined according to a subjective, rather than objective, standard that focuses on an… |
| 22-6394 | Van Raymond Brollini v. United States | Ninth Circuit | 2022-12-27 | Denied | Response WaivedIFP | appellate-review conflicting-evidence credibility-of-witnesses evidence-preclusion harmless-error jury-trial sixth-amendment sixth-amendment-jury-trial tax-prosecution willfulness | L. In conducting harmless-error review, an appellate court may not resolve conflicting evidence or assess the credibility of witnesses. Neder v. Unite… |
| 21-6211 | Cubby Wayne Williams v. United States | Ninth Circuit | 2021-11-08 | Denied | Response WaivedIFP | brain-injury cognitive-deficits criminal-procedure due-process evidence expert-testimony good-faith mens-rea rule-702 traumatic-brain-injury willfulness | Whether, in a case in which the government was required to prove that the defendant was not working from a good faith misunderstanding of the law, the… |
| 21-589 | Said Rum v. United States | Eleventh Circuit | 2021-10-22 | Denied | Response Waived | administrative-law agency-action agency-review arbitrary-and-capricious due-process factfinding-procedures fbar-penalties reporting-requirements standard-of-review willfulness | This Court established the standards of review for agency actions in Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402 (1971). Courts are limit… |
| 20-1697 | Alice Kimble v. United States | Federal Circuit | 2021-06-09 | Denied | Response Waived | 8th-amendment eighth-amendment excessive-fine fbar foreign-bank-account-report statutory-interpretation tax-evasion tax-penalty willful-violation willfulness | 1. Did the Court err in holding that Alice acted willfully, despite the lack of proof either that she had knowledge of the requirement to file an FBAR… |
| 20-833 | William Todd Coontz v. United States | Fourth Circuit | 2020-12-21 | Denied | Response Waived | criminal-procedure criminal-tax-prosecution expert-testimony expert-witness-exclusion foundation sentencing-guidelines state-of-mind tax-knowledge tax-prosecution willfulness willfulness-standard witness-testimony | Was it reversable error for the trial court to exclude the Petitioner's/ Coontz's key witness – the CPA expert – from testifying in a criminal tax pro… |
| 20-706 | Stone Creek, Inc. v. Omnia Italian Design, Inc. | Ninth Circuit | 2020-11-20 | Denied | circuit-court-precedent circuit-split disgorgement disgorgement-of-profits intellectual-property intentional-misconduct judicial-precedent mishawaka-rubber trademark-infringement unjust-enrichment willfulness | Does the Ninth Circuit's refusal to disgorge profits in this case of intentional infringement involving the identical mark on identical products confl… | |
| 19-6840 | Manuel Antonio Severino v. United States | Eleventh Circuit | 2019-12-04 | Denied | Response WaivedIFP | circuit-split criminal-law criminal-prosecution legal-duty mens-rea statutory-interpretation tax-fraud willfulness | Whether, in a prosecution for aiding and assisting in the preparation or filing of false tax returns under 26 U.S.C. § 7206(2), the government is requ… |
| 19-530 | James Kerr Schlosser v. United States | Third Circuit | 2019-10-22 | Denied | Response Waived | civil-rights constitutional-rights criminal-procedure due-process evidence-denial judicial-misconduct mens-rea reasonableness religious-beliefs restitution right-to-a-complete-defense state-of-mind statutory-authority willfulness | 1. Whether the lower courts erred regarding the denied evidence, violating the defendant's constitutional right to a complete defense, if the evidence… |
| 19-139 | Delmar Hardy v. United States | Ninth Circuit | 2019-07-30 | Denied | cheek-v-united-states criminal-tax good-faith good-faith-reliance jury-instruction jury-instructions professional-reliance reliance-on-accountant specific-intent tax-fraud tax-law tax-professional willfulness | 1. Does this Court's decision in Cheek v. United States, 498 U.S. 192 (1991), require a court to apply a subjective standard in determining whether th… | |
| 19-132 | Lawrence I. Fejokwu v. Commodity Futures Trading Commission | Third Circuit | 2019-07-26 | Denied | Response WaivedRelisted (2) | administrative-law agency-deference agency-delegation civil-rights due-process regulatory-enforcement regulatory-investigation self-regulatory-organization strict-liability willfulness | 1. Willfulness & Good-faith: This Court held in Taggart, that "willfulness " requires "no fair ground of doubt " and in both Safeco and McLaughlin, th… |
| 19-48 | B&B Hardware, Inc. v. Hargis Industries, Inc. | Eighth Circuit | 2019-07-08 | Denied | bose disgorgement federal-circuit fraud fraud-standard lanham-act lanham-act-fraud patent rule-59-motion standard-of-review therasense trademark trademark-law uspto willfulness | Under Section 14(3) of the Lanham Act an allegation of fraud on the U.S. Patent and Trademark Office (USPTO) can arise in multiple contexts. A fraudul… | |
| 18-1561 | Armament Services International, Inc., et al. v. William P. Barr, Attorney General, et al. | Third Circuit | 2019-06-21 | Denied | Response Waived | 18-usc-923-f-3 de-novo-proceeding due-process federal-firearms-licensing firearms-licensing gun-control-act standard-of-review statutory-interpretation statutory-review statutory-safeguards third-circuit willful-violation willfulness | 1. Whether the Third Circuit applied an improperly deferential standard of review in a de novo federal firearms licensing proceeding under 18 U.S.C. §… |
| 18-1549 | Zimmer, Inc., et al. v. Stryker Corporation, et al. | Federal Circuit | 2019-06-18 | Denied | enhanced-damages federal-circuit halo-v-pulse objective-recklessness patent-damages patent-law seagate-test subjective-intent willful-infringement willfulness | 1. Whether enhanced patent damages can be awarded without regard to whether there was an objectively high risk of infringement based on a finding of n… | |
| 18-1233 | Romag Fasteners, Inc. v. Fossil Group, Inc., fka Fossil, Inc., et al. | Federal Circuit | 2019-03-22 | Judgment Issued | Amici (6)Relisted (2) | circuit-split civil-procedure intellectual-property lanham-act profits profits-award remedies statutory-interpretation trademark-infringement willful-infringement willfulness | Whether, under section 35 of the Lanham Act, 15 U.S.C. § 1117(a), willful infringement is a prerequisite for an award of an infringer's profits for a … |
| 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… |
| 18-7816 | Jason Brooks v. Phil Weiser, Attorney General of Colorado, et al. | Colorado | 2019-02-07 | Denied | IFP | constitutional-law criminal-intent criminal-securities-fraud due-process fair-notice mens-rea scienter securities-fraud statutory-interpretation strict-liability willfulness | Whether "scienter" is an element of criminal securities fraud and whether its existence is a question of fact that must be proven beyond a reasonable … |
| 18-563 | Darren Commander v. United States | Third Circuit | 2018-10-31 | Denied | Response Waived | 26-usc-6672 circuit-split civil-procedure negligence statutory-interpretation summary-judgment tax-law willfulness | Was the Third Circuit's standard for willfulness under 26 U.S.C. § 6672(a) too lax for situations that at best are mere negligence in conflict with th… |
| 18-5607 | Friday Ogunyemi James v. United States | Third Circuit | 2018-08-16 | Denied | Response WaivedIFP | criminal-procedure discretion due-process evidence fair-instruction jury-instructions restitution sentencing sentencing-discretion tax tax-offense theory-of-defense trial-exhibit willfulness | 1. Whether the Petitioner was entitled to a fair instruction to support the verdict in his favor on the theory of defense that has the basis in the ev… |