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Third Circuit Says “Mail Box” Rule Cannot Be Invoked To Save Time-Barred Claim

The Legal Intelligencer reports, “If you’re filing a claim against the postal service, don’t just drop it in the mail because the courts won’t apply the ordinary presumption that a letter mailed is a letter received.” Now, “the 3rd U.S. Circuit Court of Appeals has declared in Lightfoot v. United States that the so-called ‘mailbox rule’ cannot be invoked against the U.S. Postal Service to save an otherwise time-barred claim” and that “a plaintiff pursuing a claim under the Federal Tort Claims Act has the burden of proving that the federal agency was ‘presented’ with a timely administrative claim, and that proof of mailing is not enough.”

From the American Association for Justice news release.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

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