Today, 3M filed its opposition to the motion to consolidate filed by the Davis defendants in the 3M v. Boulter appeal. Yesterday, of course, Ms. Sherrod filed her opposition to that same motion, which sought to consolidate 3M v. Boulter with Sherrod v. Breitbart.
Like the Sherrod opposition, 3M’s opposition argues that the two cases are not sufficiently similar to warrant consolidation. It also emphasizes, as did Ms. Sherrod’s opposition, that the 3M appeal involves the singular Erie issue, while the Sherrod appeal involves Erie, timeliness and retroactivity, so that the Sherrod appeal could be resolved on grounds that are inapplicable (and unavailable) in the 3M v. Boulter appeal. Finally, it echos the position taken by Ms. Sherrod that consolidation will only delay the cases.
