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MERLINI v. CANADA

No. 17-2211.

926 F.3d 21 (2019)

Cynthia L. MERLINI, Plaintiff, Appellant, v. CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 10, 2019.

Attorney(s) appearing for the Case

Theodore J. Folkman , Boston, MA, with whom Murphy & King, P.C. was on brief, for appellant.

John F. Cooney , with whom Benjamin E. Horowitz , Venable LLP, D.E. Wilson, Jr. , Andrew E. Bigart , Washington, DC, and Liz C. Rinehart , Baltimore, MD, were on brief, for appellee.

Jennifer G. Newstead , Legal Advisor, U.S. Department of State, with whom Joseph H. Hunt , Assistant Attorney General, Andrew E. Lelling , United States Attorney, Sharon Swingle , Attorney, Appellate Staff Civil Division, U.S. Department of Justice and Michael Shih , Attorney, Appellate Staff Civil Division, U.S. Department of Justice were on brief for U.S. Department of State, amicus curiae.

Before Lynch, Kayatta, and Barron, Circuit Judges.

Cynthia Merlini ("Merlini") is a United States citizen who was injured in the course of her employment as an administrative assistant at the Canadian consulate in Boston, Massachusetts. The injury occurred in 2009 when she tripped over a cord in the consulate that had not been secured to the floor. In 2017, as a result of...

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