Legal Opinion

Barbara Dolan Michael Dolan, W/h v. The United States Postal Service United States of America

Court of Appeals for the Third Circuit

Decided August 2, 2004No. 03-1840PublishedCited by 10 opinions

1Opinion of the Court

OPINION

ROTH, Circuit Judge.

Appellant Barbara Dolan was injured allegedly as a result of mail negligently placed on her porch by a United States Postal Service (USPS) employee. Having properly exhausted her administrative remedies, Dolan filed a claim under the Federal Tort Claims Act (FTCA) in the United States District Court for the Eastern District of Pennsylvania. Citing 28 U.S.C. § 2680(b)’s exception to the FTCA for negligent transmission of the mail, the government filed a Fed.R.Civ.P. Rule 12(b)(1) motion to dismiss for lack of subject matter jurisdiction and the District Court granted…

2Cases cited13 opinions

  1. United States v. MitchellSupreme Court of the United States · 1983
  2. United States v. Nordic Village, Inc.Supreme Court of the United States · 1992
  3. Lane v. PenaSupreme Court of the United States · 1996
  4. Gould Electronics Inc., F/k/a Gould Inc. American Premier Underwriters, Inc. v. United States of America Gould Electronics Inc. American Premier Underwriters, Inc.Court of Appeals for the Third Circuit · 2000
  5. United States v. Yellow Cab Co.Supreme Court of the United States · 1951

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3Cited by10 opinions

  1. Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
  2. Colbert v. United States Postal ServiceDistrict Court, District of Columbia · 2011
  3. Georgacarakos v. United StatesCourt of Appeals for the Tenth Circuit · 2005
  4. Bosco v. United StatesCourt of Appeals for the Third Circuit · 2006
  5. Gildor v. United States Postal ServiceDistrict Court, N.D. New York · 2005

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