Friday, May 19, 2017

"Litigating Dealer Termination Cases in Puerto Rico" article for publication in the Franchise Law Journal

CAB's senior associate Carla Loubriel and I co-authored the article "Litigating Dealer Termination Cases in Puerto Rico" scheduled for publication in the Franchise Law Journal, Vol. 36, No. 4, Spring 2017.

Our article provides a top to bottom coverage of the substantive, procedural, and strategic considerations of litigating claims brought under Puerto Rico's relationship statutes from discussing the most appropriate forum to prosecute or defend the claims through jury trials in the federal court. The article explains the substantive elements of the relevant claims and defenses, discusses the interaction with the Civil Code, examines the differences between Puerto Rico's relationship statutes and the common law, and delves into pin pointing the implications of litigating these claims in Puerto Rico's local courts versus the federal court. We provide an overview of jury trials in Law 75 cases and conclude by sharing practical considerations that influence the litigation of distribution cases in Puerto Rico.

Feel free to contact Carla or this author for an advance copy of the article before publication.

The Franchise Law Journal, the quarterly scholarly publication of the American Bar Association's Forum on Franchising, seeks to inform and educate lawyers and other interested readers by publishing articles, columns, and reviews concerning legal developments relevant to franchising as a method of distributing products or services.