Legal Opinion

Vaqueria Tres Monjitas, Inc. v. Comas-Pagan

Court of Appeals for the First Circuit

Decided April 3, 2014No. 13-2517PublishedCited by 18 opinions

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

  1. Ex Parte YoungSupreme Court of the United States · 1908
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  4. Puerto Rico Aqueduct and Sewer Authority v. Metcalf & Eddy, Inc.Supreme Court of the United States · 1993
  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense BoardSupreme Court of the United States · 1999

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3Cited by18 opinions

  1. Boler v. EarleyCourt of Appeals for the Sixth Circuit · 2017
  2. Sexual Minorities Uganda v. LivelyCourt of Appeals for the First Circuit · 2018
  3. Industria Lechera de PR v. FloresCourt of Appeals for the First Circuit · 2021
  4. Marasco & Nesselbush, LLP v. CollinsCourt of Appeals for the First Circuit · 2021
  5. Vaqueria Tres Monjitas, Inc. v. Indulac, Inc.Court of Appeals for the First Circuit · 2014

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