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Mailbox Rule

McNees Wallace & Nurick LLC

Commonwealth Court Reverses Dismissal of Appeal Based on “Mailbox Rule”

In Mixell v. Cumberland County Board of Assessment Appeals, 313 A.3d 330 (Pa. Commw. Ct. 2024), the Commonwealth Court held that the Board of Assessment Appeals (“Board”) had failed to show proof of mailing sufficient to...more

Law School Toolbox

Law School Toolbox Podcast Episode 344: Listen and Learn -- Contract Formation

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Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're looking at the conditions that have to be satisfied in order to form a valid contract. We'll review the concepts and...more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 161: Listen and Learn -- Contract Formation

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're looking at the conditions that have to be satisfied in order to form a valid contract. We'll review the concepts and...more

Patterson Belknap Webb & Tyler LLP

Proofs of Claim: Don’t Rely on the Mailbox Presumption – Be Sure Claims are Filed by the Bar Date with the Court Clerk or the...

Every so often, we post an article on case law discussing proofs of claim. The decisions often contain basic but important information about the timing and manner of claim filing. One set of cases concerns whether a claim...more

McAfee & Taft

Does the FAA Aircraft Registry recognize a ‘mailbox rule’?

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Many people are aware of the old common law concept known as the “mailbox rule,” whereby placing a document in the mail is considered under certain circumstances as tantamount to delivering or filing the document under...more

Carlton Fields

Eleventh Circuit Partially Reverses District Court Decision Denying Motion to Compel Arbitration Upon Application of Mailbox Rule

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In Mason v. Midland Funding, plaintiffs Mason and Burnett brought an action against a debt collector and its subsidiaries claiming that they violated the Fair Debt Collection Practices Act by allegedly filing lawsuits to...more

Carlton Fields

Fifth Circuit Holds Parties Did Not Enter Into Arbitration Agreement Under the FAA

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Estella Trammell was an at-will employee of AccentCare. She challenged the district court’s order requiring her to arbitrate a pay dispute with AccentCare. The district court held that there was an enforceable arbitration...more

McDermott Will & Emery

Ninth Circuit Allows IRS to Overrule Common-Law Mailbox Rule

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Most tax professionals are aware of the common-law “mailbox rule,” which provides that proof of proper mailing creates a rebuttable presumption that the document was physically delivered to the addressee. Internal Revenue...more

Parker Poe Adams & Bernstein LLP

Make Sure FMLA Forms Mailed to Employees Can Be Traced

Here is a nightmare scenario for human resources: The company sends an employee absent from work the required Family and Medical Leave medical certification form via regular mail. The employee fails to return the form within...more

Rumberger | Kirk

A Spam Story - How One Law Firm's Spam Blocker Proved Costly to Them and to Their Client

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The Mailbox Rule is a contract law principle concerning acceptance of an offer. The rule relies on the concept that once a party places a legal document in the postal system, it will arrive at its destination and be read by...more

Pullman & Comley, LLC

Appellate Court Notes

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AC35659 - Ceferatti v. Aranow - In this med mal case the Appellate Court held that leaving a sponge in the patient did not toll the SOL under the continuing course of conduct theory so as to avoid SJ in favor of the...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2014

In This Issue: - SEC Pays First Whistleblower Award to Audit and Compliance Professional - Supreme Court Allows Affordable Care Act Contraceptives Religious Exemption - EEOC Adopts New Pregnancy...more

Poyner Spruill LLP

Can You Prove the Mail Was Delivered? If You Are Sending An FMLA Notice, the Answer Must Be Yes

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A recent case emphasizes the importance of implementing procedures that establish strict compliance with the employer notice obligations under the FMLA. In Lupyan v. Corinthian Colleges, Inc., the Third Circuit held that...more

Littler

When it Comes to an FMLA Notice — the Post Office May Not Deliver For You in the Third Circuit

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The U.S. Court of Appeals for the Third Circuit recently ruled that an employer may not rely on “the Mailbox Rule” to prove that the employer provided an employee with notice of his or her rights under the Family and Medical...more

McNees Wallace & Nurick LLC

Mailing FMLA Notices to Employees? Not So Fast

Recently, the United States Court of Appeals for the Third Circuit issued an opinion analyzing the so-called "mailbox rule" in a case which centered on the receipt of an FMLA notice. In Lupyan v. Corinthian Colleges, Inc.,...more

Franczek P.C.

A Game-Changing Decision? Sending FMLA Notices to Employees by U.S. Mail May Not Cut It Anymore

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With all the FMLA paperwork that a leave administrator has to provide an employee during the FMLA process, you’d wonder whether you’re attending a real estate closing. All these documents — whether it’s the Notice of...more

McDermott Will & Emery

Ensuring Timely Filing with Private Delivery Services

Most of us are aware of the timely-mailed-timely-filed “mailbox rule” contained within the Internal Revenue Code. Most of us are probably also aware that a document mailed with a private delivery service may also qualify for...more

McDermott Will & Emery

U.S. Tax Court: 90 Days Is 90 Days, Shutdown or Not

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On October 1, 2013, the majority of the U.S. government shut down, including the U.S. Tax Court. Despite the shutdown, the statutory deadline for filing a petition in the Tax Court cannot be extended. Under these...more

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