No. 19-____ IN THE Supreme Court of the United States ———— JAY ANTHONY DOBYNS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court of Appeals for the Federal Circuit ———— PETITION FOR WRIT OF CERTIORARI ———— J. MARK GIDLEY JAMES B. REED WHITE & CASE LLP Counsel of Record 701 Thirteenth St. NW UDALL SHUMWAY PLC Washington, DC 20005 1138 N. Alma School Rd. (202) 626 3609 Mesa, AZ 85201
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[email protected] Counsel for Petitioner September 23, 2019 WILSON-EPES PRINTING CO., INC. – (202) 789-0096 – WASHINGTON, D. C. 20002 QUESTIONS 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) ii PARTIES TO THE PROCEEDING All parties in this proceeding are identified in the caption of the case. TABLE OF CONTENTS Page QUESTIONS PRESENTED ............................... i PARTIES TO THE PROCEEDING .................... ii TABLE OF AUTHORITIES ................................ vii OPINIONS BELOW ............................................ 1 JURISDICTION .................................................. 1 PROVISIONS INVOLVED ................................