· 2/25/2002
Charles Barnett v. Okeechobee Hospital
Citations
- 283 F.3d 1232
- 2002 U.S. App. LEXIS 2870
- 2002 WL 261950
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that notice of the plaintiff's tort claim against the United States \was mailed-in compliance with the pertinent federal regulations-to an administrative office ... and not to a person \
- explaining that the presumption of receipt is “not a conclusive presumption of law, but a mere inference of fact, founded on the probability that the officers of the government will do their duty and the usual course of business” (citation omitted)
- analyzing receipt in the context of mailing a document that was properly addressed, stamped, and mailed, which creates a rebuttal presumption of receipt
- stating factual findings concerning subject matter jurisdiction made by the district court are overturned only if clearly erroneous
- explaining that an office employee’s mere assertion that the office never received a completed form in the mail is insufficient to rebut the presumption of receipt without, for example, the employee setting forth their personal knowledge of office procedures for processing received mail
- allowing FTCA plaintiffs to raise a rebuttable presumption of receipt upon showing that “(1) the document was properly addressed; (2) the document was stamped; and (3) the document was mailed”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Wilson, Restani
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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