Mailbox Rule Inapplicable in FTCA Suits Against Government

The federal government must actually receive notice before a Federal Tort Claims Act suit can be filed against it, the Second Circuit said in joining a circuit split over whether the “mailbox rule” applies to such claims.

The mailbox rule is a rebuttable presumption that a piece of mail properly addressed and mailed is received by the addressee. The Second, Third, Fifth, Ninth, and Tenth Circuits say the mailbox rule doesn’t apply to FTCA claims, but the Eleventh Circuit says it does.

Jessica Cooke sued the government under the FTCA, claiming agents of the U.S. Customs and Border Protection Agency ...