Legal Opinion
Lenore S. Raila, Whitton A. Raila v. United States
Court of Appeals for the Second Circuit
Decided January 14, 2004No. Docket 03-6057PublishedCited by 67 opinions
1Opinion of the Court
KATZMANN, Circuit Judge.
Plaintiff Lenore Raila was injured when she slipped on a package that had been left just below her front door step. She filed suit against the United States under the Federal Tort Claims Act (“FTCA”), 28 U.S.C. §§ 1346(b), 2671-2680 (2000), alleging that the proximate cause of her injuries was the negligence of the postal employee who placed the package where someone might slip on it. The defendant moved to dismiss the complaint on the ground that the district court lacked subject matter jurisdiction, because the so-called postal matter exception to the FTCA, 28 U.S.C.…
2Cases cited11 opinions
- Hughes Aircraft Co. v. JacobsonSupreme Court of the United States · 1999
- Dole v. United SteelworkersSupreme Court of the United States · 1990
- Kosak v. United StatesSupreme Court of the United States · 1984
- Smith v. United StatesSupreme Court of the United States · 1993
- Norman Birnbaum, B. Leonard Avery and Mary Rule MacMillen Plaintiffs v. United StatesCourt of Appeals for the Second Circuit · 1978
6 more not listed; retrieve them via the Exa API.
3Cited by67 opinions
- Dolan v. United States Postal ServiceSupreme Court of the United States · 2006
- Elliott Levine v. Craig ApkerCourt of Appeals for the Second Circuit · 2006
- Davila v. LangDistrict Court, S.D. Illinois · 2018
- City of New York v. Milhelm Attea & Bros., Inc.District Court, E.D. New York · 2008
- In Re WorldCom, Inc. Securities LitigationDistrict Court, S.D. New York · 2004
62 more not listed; retrieve them via the Exa API.