BewareVacek v. United States Postal Service, 9th Circ. Court of Appeal No. 04-15961 (5/24/06). In the Vacek case an experienced attorney alleged that he had preserved his clients' Federal Tort Claims Act claims by mailing Form 95 to the defendant agency (the USPS) on a timely basis. However a year passed before further negotiations on the claims. At that point the deadline for filing form 95 had expired. The U.S. Postal Service denied ever receiving the claim form. Even with a declaration of the attorney under oath that he had timely mailed the claim form to the USPS, the U.S. District Court still dismissed the claims stating that under the FTCA it was the claimant's burden of proof to show that the USPS had received the claim form. Even the fact that the messenger charged with delivery of the claim form was the USPS itself was insufficient to invoke the mailbox rule.
Mediation works - so we use it regularly. In Providence, R.I., in 2014 eight female aerialists doing a hair-hang act 20+ feet above the ground were severely injured when the metal frame supporting their act collapsed hurtling them to the floor. They recently obtained a total combined settlement of $52.5-million through mediation of their claims See, Eight severely injured aerialists recover $52.5-million settlement through mediation.
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Martindale Hubbell - AV rated lawyer - Best Rating Possible
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