Legal Opinion

C.D. of NYC, Inc. v. United States Postal Service

Court of Appeals for the Second Circuit

Decided December 8, 2005No. 04-5326PublishedCited by 8 opinions

1Opinion of the Court

SUMMARY ORDER

Plaintiffs C.D. of NYC, Inc. and D.J. of America, both diamond merchants, filed a complaint against the United States Postal Service (“USPS”) in the District Court dated July 7, 2003 bringing claims of con*429version, “money had and received,” unjust enrichment, negligent supervision, concerted action, and civil conspiracy. In an opinion and order dated September 16, 2004, the District Court dismissed the action, holding that the District Court lacked jurisdiction under (a) the “postal matter” exception, (b) the “intentional torts” exception to the United States’ consent to be sued…

2Cases cited2 opinions

  1. Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
  2. Marine Insurance Company, Ltd. v. United StatesCourt of Appeals for the Second Circuit · 1967

3Cited by8 opinions

  1. Levasseur v. U.S. Postal ServiceCourt of Appeals for the First Circuit · 2008
  2. Konan v. USPSCourt of Appeals for the Fifth Circuit · 2024
  3. Nielsen v. United StatesDistrict Court, D. Nebraska · 2009
  4. Honeycutt v. United StatesDistrict Court, S.D. West Virginia · 2008
  5. Robinson v. United StatesDistrict Court, E.D. New York · 2018

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