In an action challenging amendments to Puerto Rico’s Compulsory Motor Vehicle Liability Insurance Act, district court judgment is affirmed in part, reversed in part and remanded where: 1) the court erred in dismissing plaintiff’s takings clause claim, as their takings claim for declaratory and injunctive relief is ripe despite the failure to utilize Procedure No. 96 to pursue their administrative remedy; 2) although plaintiffs have a sufficient property interest in the duplicate premiums for purposes of due process, further proceedings are necessary to determine whether the transfers to the Secretary of Treasury constitutes a sufficient deprivation of that property interest to require notice under the Due Process Clause; 3) the court properly dismissed plaintiff’s equal protection claim as neither law is directed to a protected class, and the Commonwealth’s action is rational and serves the legitimate end of balancing the budget; 4) the court properly granted qualified immunity to defendants; and 5) the court erred in denying class certification as plaintiffs satisfied all the requirements necessary to certify a class.
Read Garcia-Rubiera v. Calderon, No. 07-2409
Appellate InformationAppeal from the United States District Court for the District of Puerto Rico.Filed on JUNE 30, 2009
JudgesBefore Torruella, Howard, Circuit Judges, and DiClerico, District Judge.Opinion by Torruella, Circuit Judge.
CounselFor Appellant: Antonio J. Amadeo-Murga.For Appellee: Irene S. Soroeta-Kodesh, Assistant Solicitor General.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
