In response to the Supreme Court's recent refusal to hear an immunity appeal in an abuse case, the Vatican's U.S. attorney, Jeffrey Lena, notes that the denial was "not a comment on the merits of our case", but rather a decision "made based upon the Supreme Court's docket and what cases it wishes to hear each term." He indicated that the plaintiff in the case "has one jurisdictional theory left", namely that the priest in the case was an employee of the Holy See. In rebuttal, he states that "The Holy See does not pay the salary of the priest, or benefits of the priest, or exercise day-to-day control over the priest, and ANY of the other factors indicating the presence of an employment relationship. This is a priest of the Order Friar Servants of Mary. His very existence was unknown to the Holy See until after all the events in question."
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