Legal Opinion

Overseas Military Sales Corp. v. GIRALT-ARMADA

District Court, D. Puerto Rico

Decided September 30, 2005No. CIV. 04-1858CCCPublished

1Opinion of the Court

OPINION AND ORDER

CEREZO, District Judge.

Overseas Military Sales Corporation (Overseas), a company dedicated to selling automobiles exclusively on the military base at Fort Buchanan, Puerto Rico, has sued Puerto Rico’s Department of Consumer Affairs (DACO) for a declaratory judgment that it is subject only to the United States’ jurisdiction on the matter of vehicle sales and their warranties pursuant to the federal enclave doctrine and that DACO has infringed said doctrine by entertaining and presiding over complaints filed against it.

Overseas filed an Emergency Motion for Preliminary…

2Cases cited42 opinions

  1. District of Columbia Court of Appeals v. FeldmanSupreme Court of the United States · 1983
  2. Rooker v. Fidelity Trust Co.Supreme Court of the United States · 1924
  3. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005
  4. Pennzoil Co. v. Texaco Inc.Supreme Court of the United States · 1987
  5. United States v. Emiliano Valencia-CopeteCourt of Appeals for the First Circuit · 1986

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