USPS v. Konan (2025)
from Free Speech Press Hosted by Oral Arguments
Docket Number: 24-351 Date Argued: October 8, 2025 Decision Below: 96 F.4th 799 (5th Cir. 2024) Lower Court Case Number: 23-10179 Question Presented Whether a plaintiff's claim that she and her tenants did not receive mail because Postal Services employees intentionally did not deliver it to a designated address arises out of "the loss" or "miscarriage" of letters or postal matter. 28 U.S.C. 2680(b). Rule Presented The Federal Tort Claims Act (FTCA), ch. 753, 60 Stat. 842 (28 U.S.C. 1346(b), 2671 et seq.), generally waives the United States' sovereign immunity for suits seeking damages "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission" of an employee of the federal government "under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred." 28 U.S.C. 1346(b)(1). The FTCA, however, excepts from that waiver of immunity "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter." 28 U.S.C. 2680(b). Cert. Granted April 21, 2025 See Transcript https://www.supremecourt.gov/oral_arguments/argument_transcripts/2025/24-351_6jfl.pdf
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