United States Third Circuit

In a tort action brought under the Federal Tort Claims Act, district court's judgment dismissing plaintiff's claim for failure to file his claim within the applicable statute of limitations is affirmed where the court properly refused to apply the mailbox rule to plaintiff's claim for reconsideration, as a plaintiff must demonstrate that the Federal agency was in actual receipt of the claim, whether on initial presentment or on a request for reconsideration.

Appellate Information

• Decided 05/07/2009
• Published 05/07/2009

Judges

• Before:  McKEE, SMITH, Circuit Judges and STEARNS, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Frank S. Pollock, Brownstein, Vitale & Weiss, Philadelphia, PA, for Appellant.


• For Appellees:
  
• Paul W. Kaufman, Office of United States Attorney, Philadelphia, PA, for Appellee.