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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.