Law of Cards: If the Post Office Loses Your Cards, You’re Out of Luck
In view of a recent trading card case, the phrase "you can't fight city hall" should be re-coined as "you can't fight the Post Office."
Take the story of Anthony Johnson. In July 2009, a guest of Johnson's allegedly stole some rather expensive items from his home. Then, without Johnson's consent, that person placed those items into two boxes and mailed them via the United States Postal Service (USPS) to her home in California.
Those items included expensive jewelry, watches and:
- 1938 Joe DiMaggio card in mint condition worth $25,000,
- 1951 Mickey Mantle card worth $25,000,
- 1952 Mickey Mantle card, signed and in mint condition worth $50,000,
- 1967 Hank Aaron card, signed and in mint condition worth $15,000 and
- 1952 Cookie Lavagetto card worth $50,000
Yeah, some pretty pricey packages.
Upon learning of the theft, Johnson notified the USPS, which then intercepted the packages before they were delivered.
Both packages became parts of two separate lawsuits. The first package alerted a drug-sniffing dog, and the contents were forfeited to the government. This started a first lawsuit, but because this is Law of Cards and not Law of Drug Sniffing Dogs, we're not going into that one.
The second, more relevant, package was also searched and held by the USPS. Johnson alleges this package originally had all of the above items in it. The USPS, however, claims that it didn't have any of those items.
Johnson then brought a lawsuit against the USPS, alleging that it lost those items after it seized the package.
Unfortunately for Johnson, the USPS is a tough organization to sue because it enjoys sovereign immunity.
Legal translation: Under the concept of "sovereign immunity," the United States cannot be sued without its consent. The USPS is part of the federal government and, therefore, it's an immune sovereign also. In particular, the USPS cannot be sued for "[a]ny claim arising out of the loss, miscarriage, or negligent transmission of letters or postal matter.”
Legal translation of legal translation: Basically, if something gets lost in the mail and it's not insured, you're out of luck
Because of the USPS's immunity, Johnson's case was dismissed.
Johnson appealed, and argued that his lawsuit avoided sovereign immunity because the items were allegedly lost after the package was intercepted. Technically then, the package was no longer in the possession of the USPS for "delivery." It was something else. And, therefore, sovereign immunity didn't apply.
Yeah, that argument didn't work. The Sixth Circuit affirmed the lower court's decision, and poor Mr. Johnson is out of luck.
What's the take home?
You're not going to be able to take on the Post Office if it loses your stuff. If you're worried about something getting lost in the mail, insure it.
More importantly, if you're going to steal someone's cards and mail them to your home address, be courteous and use Federal Express or some other private courier. They don't enjoy sovereign immunity.
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1958 Topps Baseball #487 HOF MICKEY MANTLE, YANKEES All-Star
1973 TOPPS HANK AARON VG ATLANTA BRAVES #100 CREASED
1973 Topps #100 Hank Aaron PSA EX-mt 6
MICKEY MANTLE YANKEES 1969 DIME COIN PUZZLE CARD