Vaqueria Tres Monjitas, Inc. v. Comas-Pagan
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Chief Judge.
Understandably concerned by language in a district court order which opined that Puerto Rico had waived its Eleventh Amendment immunity by entering into a Settlement Agreement, the Commonwealth’s milk regulatory agency (Spanish acronym “ORIL”) appeals. The court’s language on that immunity was in no sense necessary to the approval of the Settlement Agreement or to entry of the judgment. In the motion seeking approval, no party raised any Eleventh Amendment issue, nor was such an issue briefed or argued. The statement is contrary to the principle of constitutional avoidance.…
2Cases cited26 opinions
- Ex Parte YoungSupreme Court of the United States · 1908
- Edelman v. JordanSupreme Court of the United States · 1974
- Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
- Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
- College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999
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3Cited by18 opinions
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- Marasco & Nesselbush, LLP v. CollinsCourt of Appeals for the First Circuit · 2021
- Vaqueria Tres Monjitas, Inc. v. Indulac, Inc.Court of Appeals for the First Circuit · 2014
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