Legal Opinion

Torres v. Puerto Rico Tourism Co.

Court of Appeals for the First Circuit

Decided April 6, 1999No. 98-1908PublishedCited by 45 opinions

1Opinion of the Court

COFFIN, Senior Circuit Judge.

This lawsuit involves claims brought under the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101-12213, and several Puerto Rico statutes. The defendant-appellant, the Puerto Rico Tourism Company (“the Tourism Company”), claims that the district court erred in refusing to dismiss the case in light of the Eleventh Amendment, which protects states from suit in federal court. We conclude that, in the face of an explicit statutory provision abrogating Eleventh Amendment immunity in ADA cases and the absence of a meaningful challenge to the validity of that…

2Cases cited17 opinions

  1. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  2. Edelman v. JordanSupreme Court of the United States · 1974
  3. Seminole Tribe of Florida v. FloridaSupreme Court of the United States · 1996
  4. United States v. Ilario M.A. ZanninoCourt of Appeals for the First Circuit · 1990
  5. City of Boerne v. FloresSupreme Court of the United States · 1997

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3Cited by45 opinions

  1. Armstrong v. DavisCourt of Appeals for the Ninth Circuit · 2001
  2. Alsbrook v. City Of MaumelleCourt of Appeals for the Eighth Circuit · 1999
  3. William Robert Dare Gary Petillo v. State of California Dept. Of Motor VehiclesCourt of Appeals for the Ninth Circuit · 1999
  4. Union Pacific Railroad v. Louisiana Public Service CommissionCourt of Appeals for the Fifth Circuit · 2011
  5. Vega-Castro v. Commonweatlh of PuerCourt of Appeals for the First Circuit · 2000

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