Canada v. Merlini: Brief in Opposition Filed

For those of you following the Merlini litigation, the case of the worker injured on the job at the Canadian consulate in Boston, here is the brief in opposition I filed today. Because the other side will get the chance to file one more brief at this stage, I will not comment on the brief but will instead point you to my archive of previous coverage. The only thing I will say is that I am glad I found the image attached to this post (I have modified the original image a little bit), because it fits the case nicely: the two flags with the word “consulate” in between. I will continue to keep you posted on developments in the case.

US and Canadian flags

This Post Has 4 Comments

  1. Mark Bravin

    Ted—congratulations on a very well-constructed and persuasive brief in opposition to Canada’s cert. petition. Argument C—that your case is not the right vehicle—strikes me as the most difficult for Canada’s counsel to rebut.

    1. Ted Folkman

      Thanks Mark! It’s interesting what you say about the vehicle problems. I’ve talked about the case with a few SCOTUS types who have had various views, but I tend to agree with you that there’s no strong reason for the court to take the case now if it’s going to have to consider taking it again later. We shall see.

  2. Caroline Polisi

    Awesome brief, Ted!!!!

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