US 10th: Willful: Defined

David A. Szwak

US 10th: Willful: Defined

Postby David A. Szwak » Fri Oct 07, 2005 8:02 pm

The Tenth Circuit defined [u:f318605bb6][b:f318605bb6]“willful” as instances where the act or omission was done knowingly or with reckless disregard for the consequences[/b:f318605bb6][/u:f318605bb6]. Furr v. A.T.&T. Technologies, 824 F.2d 1537, 1546 [10th Cir. 1985].

The U.S. Supreme Court provided some guidance in defining “willful” by adopting the definition listed in 30 American and English Encyclopedia of Law 529-530 [2d ed. 1905], which defined willful in terms of [b:f318605bb6]“voluntary action” and which “implies nothing blamable” but merely that the person’s act or omission is used as a free agent and, if an affirmative act, what was done arose from spontaneous action of his will.[/b:f318605bb6] Smith v. Wade, 461 U.S. 30, 103 S.Ct. 1625 [1981].

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