Stringham v United States Postal Service.
The real reason the check isn't in the mail is because it doesn't have to be. According to Judge Hogan of the Ninth Circuit Court of the United States, the Postal Service is exempt from its employees actions, and can not be held liable for mail non-delivery and misdelivery.
There is a rule under the tort claims act that says the Tort Claims Act chapter shall not apply to mailed letters.
According to Judge Hogan, the wording of this lawsuit came under the Tort Claims Act, even though it was written as a Breach of Contract & Negligence of Duty claim. He decided that it could not be rewritten to not look like a tort claim, and dismissed it.
Even though Judge Hogan decided in favor of the Post Office due to the Tort Claims Act inference, he did give reference to an act that could be used to file a claim.
Stringham v. United States Postal Service Word RTF Format
Defendant's Motion to Dismiss PDF Format
Defendant's Memorandum In Support of Motion to Dismiss PDF Format
Plaintiff's Reply to Motion to Dismiss Word RTF Format
Government's Reply PDF Format
Plaintiff's Answer for Motion to Dismiss Word RTF FormatJudge Hogan's Order to Dismiss PDF Format
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