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Fifth Circuit· 7/24/2007

Custer v. Murphy Oil USA, Inc.

Citations

  • 503 F.3d 415
  • 2007 WL 2897965

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that although a “plaintiffs bare assertion of non-receipt” 13 is not enough to “create a genuine issue of material fact,” evidence “of non-receipt can be used to establish that the notice was never mailed”
  • explaining that the mailbox rule was “still germane” where issue was whether notice was mailed because a “threshold question for the application of the mailbox rule is whether there is sufficient evidence that the letter was actually mailed”
  • noting that “[t]he version of the mailbox rule” used under these circumstances “provides that the proper and timely mailing of a document raises a rebuttable presumption that the document has been received by the addressee in the usual time”
  • noting that “[t]he version of the mailbox rule” used under these circumstances “provides that the proper and timely mailing of a document raises a rebuttable presumption that the document has been received by the addressee in the usual time”
  • genuine dispute of material fact remained on issue of mailing, despite testimony that the defendant business typically used first-class mailing procedures
  • “[W]here the employee’s assertion of non-receipt is supported by circumstantial evidence, and the employer provides an equally weak assertion that notice was mailed, the issue of mailing should not be decided at summary judgment.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reavley, Garza, Dennis

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Custer v. Murphy Oil USA, Inc.

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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