Lalka v. ACA Insurance

How courts have described this case

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

• recognizing presumption of delivery and concluding summary judgment was not warranted when presumption of delivery conflicted with presumption of regularity of Patent Office procedures
• reversing summary judgment granted to party that relied on presumption of regularity of mails because record disclosed potential evidence capable of dispelling presumption
• Patent Office presented, as rebuttal evidence, detailed mail receipt procedures, to rebut the presumption of receipt of documents claimed to be mailed by patent applicants
• “If the opponent does offer some evidence to the contrary (sufficient to satisfy the judge’s requirement of some evidence), the presumption disappears as a rule of law, and the case is in the (factfinder’s) hands free from any rule.”

Source: CourtListener parenthetical corpus (CC0).