Tag Archives: Canada

Case to Watch: Merlini v. Consulate General of Canada

Readers, here is an interesting case to watch: Merlini v. Consulate General of Canada. It’s an appeal from a decision of the Massachusetts Department of Industrial Accidents Reviewing Board. The Appeals Court will hear argument in the case in a week or so. Full disclosure: I am counsel to the appellant, Cynthia Merlini, though I didn’t represent her in the DIA proceedings that are on appeal.
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Case of the Day: Allianz Sigorta v. Ameritech

The case of the day is Allianz Sigorta, A.S. v. Ameritech Industries, Inc. (E.D. Cal. 2016). Allianz was a Turkish insurance company. Ameritech, through a subsidiary, was in the business of servicing aircraft engines. Ameritech serviced the engine on a plane that was sold to Korfez Hartalcilik Planlama Ltd. STI, which was Allianz’s insured. The engine failed when the plain was being flown from the United States to Turkey, and the pilot ditched the plane off the east coast of Canada. Allianz (as Korfez’s subrogee) sued, claiming that the engine failed because of Ameritech’s bad service and that Allianz had negligently misrepresented that the plane was airworthy. The damaged plane and engine were in the possession of Air Labrador at facility in Goose Bay, Newfoundland. Korfez refused, for reasons that are a little obscure to me, had refused to give permission to Air Labrador for Allianz to conduct an inspection of the engine. Allianz therefore requested issuance of a letter rogatory.
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Case of the Day: Walton v. Bilisnki

The case of the day is Walton v. Bilinski (E.D. Mo. 2015). The plaintiff, Cody Walton, alleged that he was sexually assaulted by another inmate when he was being held in the Macon County, Missouri jail in pretrial detention. He sued Ryszard Bilinski, a former Macon County deputy sheriff, alleging a constitutional violation because Bilinski, he claimed, “failed to properly secure the inmates in their cells on the night of the assault.” At the time of the suit, Bilinski lived in Alberta, Canada.

Walton sought to server process by delivering the summons and complaint to Bilinski’s wife at their home, by leaving the summons and complaint taped to Bilinski’s door, and by emailing Bilinski’s lawyers the documents. Bilinski moved to dismiss.
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