This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
Petitioner Dolan argues that the Federal Tort Claims Act’s postal‑matter exception bars claims arising from the failure to deliver mail, but does not bar ordinary negligence that occurs while the mail is being delivered.
Respondent United States Postal Service argues for a broader construction that would bar all claims that arise from the handling of mail.
Background and question before the Court
Oral argument began at 10:04 a.m.
What each side argues
Petitioner (Dolan)
According to Petitioner, the Federal Tort Claims Act’s postal‑matter exception bars any claim arising out of the failure of the Postal Service to fulfill its duty to deliver mail to its intended destination on time and in good condition, but does not bar any claim arising out of ordinary negligence that happens while the tortfeasor is delivering mail.
According to MS. MILLETT, there are about 700 slip‑and‑fall cases a year, but the vast majority occur in buildings on slippery floors; only roughly ten of those involve mail.
According to MS. MILLETT, if damage is done to the mail or a package, the liability for that damage cannot be sued over; the petitioner agrees that damage to and from the mail is covered.
Respondent (United States Postal Service)
According to United States Postal Service, the Government argues for a much broader construction that would bar all claims that arise from the handling of mail.
The broad interpretation that the Government asks for, and that the Third Circuit followed, was that “negligent transmission” covered anything that occurred to the mail from the time the mail was dropped off at the Post Office until it arrived at a destination.
According to Respondents, it falls within the word “transmission,” but the relevant phrase is “negligent transmission of mail or postal matter.”
According to Respondents, first of all, the decision to put it into a mailbox is a uniquely postal issue.
What happened at oral argument
According to Justice O'Connor, jUSTICE O'CONNOR: What was the purpose of the enactment of the waiver of Federal sovereign immunity here? Was it to allow recovery for auto accidents occurring by postal trucks?
According to Justice Scalia, jUSTICE SCALIA: Well, I guess we've already construed it broadly, haven't we?
According to Justice Souter, jUSTICE SOUTER: But you're using --
According to Justice Kennedy, jUSTICE KENNEDY: Well, how is mail‑ --
According to JUSTICE SCALIA, jUSTICE SCALIA: Except that you — my biggest hangup — and I wish you'd go through your distinguishing of it again — is the Kosak case. Carrying the mail in a mail truck is the handling of the mail. There is no doubt that it's the handling of the mail.
CHIEF JUSTICE ROBERTS: But if the postman throws the box onto the porch and hits somebody there, you say that's within the exception?
JUSTICE SCALIA: Distinction. You say there is no liability for the package that falls off the back of the truck, but there is liability if the truck hits another vehicle. I really don't understand the basis for that distinction.
According to JUSTICE GINSBURG, jUSTICE GINSBURG: What about the practical problem that was raised that, in the automobile accident, there's witnesses, there's a police report, usually; but a slip‑and‑fall over mail, nobody's around, these are easily made up, and the Post Office has no opportunity to check?
- [1] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 4
- [2] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 5
- [3] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 20
- [4] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 31
- [5] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 41
- [6] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 43
- [7] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 49
- [8] 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdf, p. 56
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 225bcdef5e8e3f03f611-r1-8c327f505ffff62c.pdforal argument transcript
Guide generated September 21, 2026. Automated validation accepted this version.