· 2/15/2005
John Mapu, Jr. Claimant-Appellant v. R. James Nicholson, Secretary of Veterans Affairs
Citations
- 397 F.3d 1375
- 2005 U.S. App. LEXIS 2496
- 2005 WL 351213
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Congress specifically limited application of the postmark rule to notices of appeal sent though the USPS
- concluding that “Congress’s ex- plicit decision not to broaden the postmark rule by extend- ing it to delivery services other than the Postal Service must trump any extension of equitable tolling to this case”
- stating that \[i]t is clear that Congress wanted the postmark rule to apply only to a notice of appeal that was mailed using the Postal Service.\
- mail sent by FedEx was not a basis for equitably tolling the time to file an NOA
- mail sent by FedEx was not a basis for equitably tolling the time to file an NOA
- \equitable tolling is not limited to a small and closed set of factual patterns\ and is rather decided on a \case by case basis\
Source: CourtListener parenthetical corpus (CC0).
Judges: Rader, Archer, Bryson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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