Merlini v. Canada’s Empirical Analysis
2017
Citation profile
2 federal appellate ·
Relationships
Applies 28 U.S.C. § 1602 (§ 4 of the Foreign Sovereign Immunities Act of 1976) · 28 U.S.C. § 1604 (§ 4 of the Foreign Sovereign Immunities Act of 1976) · 28 U.S.C. § 1605 (§ 4 of the Foreign Sovereign Immunities Act of 1976)
Relies on Argentine Republic v. Amerada Hess Shipping Corp. · Republic of Argentina v. Weltover, Inc. · Saudi Arabia v. Nelson · Fagot Rodriguez v. Republic of Costa Rica
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“decision to provide its own benefits does not fall under the commercial activit[y] exception because the decision to create and organize a workers' compensation program is sovereign in nature .”
1 later decision quote this exact passagee.g. Merlini v. Canada“any claim based upon the exercise or performance or the failure to exercise or perform a discretionary function regardless of whether the discretion be abused.”
1 later decision quote this exact passagee.g. Merlini v. Canada“provides the sole basis for obtaining jurisdiction over a foreign state in the courts of this country.”
1 later decision quote this exact passagee.g. Merlini v. Canada
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.