DOBYNS v. U.S.

2015-5020, 2015-5021, 2017-1214.

915 F.3d 733 (2019)

Jay Anthony DOBYNS, Plaintiff-Cross-Appellant v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: February 6, 2019.


Attorney(s) appearing for the Case

JAMES BERNARD REED , Baird Williams & Greer LLP, Phoenix, AZ, argued for plaintiff-cross-appellant. Also represented by ANNELISE MARI DOMINGUEZ .

MARTIN F. HOCKEY, JR. , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellant. Also represented by ROBERT EDWARD KIRSCHMAN, JR. , JOSEPH H. HUNT .

Before Lourie, Bryson, and Dyk, Circuit Judges.


This is an action for breach of a 2007 settlement agreement ("2007 agreement") between the government and Jay Anthony Dobyns. The Court of Federal Claims ("Claims Court") held that (1) the government breached the implied duty of good faith and fair dealing in the 2007 agreement, (2) Dobyns was entitled to emotional distress damages...

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