Monday, February 10, 2025

Some cases or appeals just leave me wondering….

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Smart Distributors, an alleged distributor, alleged that Garraton, a Puerto Rico distributor, contracted with it verbally to serve as the d...

Puerto Rico distributor loses tortious interference case

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Ballester Hermanos, a Puerto Rico distributor, had a verbal exclusive distribution agreement with Brugal rum since 1990. In 2008, Edrington...
Monday, February 3, 2025

There is a clear conflict between First Circuit authority and a judgment of Puerto Rico’s intermediate appellate court interpreting when Law 75's three-year caducity period begins to run for filing suit

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Law 75’s public policy comes into play in finding that certain contractual provisions cannot waive Law 75’s protections and applying statut...
Tuesday, May 21, 2024

Intermediaries in the distribution chain are not principals or grantors and Law 75 liability cannot attach to them

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In Meta Med, LLC v. Insulet Corporation, 2024 WL 1763610 (D.P.R. Apr. 23, 2024) (Vélez-Rivë,J.) , following a termination and the appointme...

Federal court rejects multiple tolling theories to resurrect a previously dismissed and stale Law 75 impairment lawsuit

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Air-Con v. Daikin, 2024 WL 1016184 (D.P.R. March 8, 2024)(Raul Arias, J. ), is instructive for its rejection of multiple tolling theories o...
Tuesday, April 2, 2024

The First Circuit adopted the so-called voluntary-involuntary rule challenged in a Law 75 removed case

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In Caribe Chem Distributors, Corp. v. Southern Agricultural Insecticides, Inc., ---F. 4th ---, 2024 WL 1089653 (1st Cir. Mar. 13, 2024) , t...
Monday, December 18, 2023

Another failed injunction

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The streak of losses continues in federal court for distributors in their quests for preliminary injunctions pendente lite. In Nilo Watch P...
Sunday, December 17, 2023

Part II: The twists and turns of the new Civil Code's regulation of distribution relationships

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By: Diana Pérez Seda, Esq. In a previous post we took a first close look at Chapter XV of Book Five of the New Civil Code of Puerto Rico en...
Wednesday, November 22, 2023

A Chapter in the new Civil Code of 2020 with Argentinian roots regulates distribution agreements protected by Law 75

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By: Diana Pérez Seda, Esq. Principals and distributors alike should be looking very closely at their distribution agreements and course o...
Monday, June 5, 2023

Supplier denied, on waiver grounds or outside the scope of Law 75, attorney’s fees it incurred to confirm arbitration award

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In Conmed Corporation v. First Choice Prosthetic, 2023 WL 3647908 (N.D.N.Y. 2023) , the Northern District granted the supplier First Choice...
Tuesday, May 30, 2023

Foodservice distributor loses Law 75 preliminary injunction and tests the boundaries of just cause from a brand consolidation in a case with unusual facts

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A ruling on a preliminary injunction is not an adjudication on the merits but a preview of what the merits might bring. José Santiago v. Sm...
Thursday, April 20, 2023

Law 75/21 appeals in the First Circuit’s docket

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I’ve identified so far three appeals dealing with Law 75/21 claims in the First Circuit’s active docket. Two appeals are from denials of pr...
Wednesday, April 19, 2023

Starting an arbitration on the wrong foot after losing a preliminary injunction

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There is a risk-reward calculus in the decision whether to move for a preliminary injunction in a civil case. Particularly in Law 75/21 cas...
Monday, April 17, 2023

De facto exclusive is not what you think it means and there’s a new but not true intra-district conflict

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Willert is a manufacturer of household products. In Ramos v. Willert Home Products, 2023 WL 234758 (D.P.R. 2023) (Arias, J.) , Plaintiff cl...
Tuesday, November 15, 2022

Are settlement agreements valid and enforceable under Law 75?

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I’m not aware of a dealer ever challenging a written agreement after it receives the compensation it voluntarily accepted for the settlemen...

A panel of Puerto Rico’s intermediate appellate court invalidates choice of forum provision under Law 75

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In Home Orthopedics Corp. v. Rikco International , 2020 WL 3455027 (TCA 2020), an exclusive distributor of orthopedic shoes sued both its p...
Friday, July 15, 2022

Non-exclusive distributor loses preliminary injunction in federal court

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Update: No. 22-1491 Argued on November 9, 2022 in the First Circuit. Appeal from an order denying a preliminary injunction. Stay tuned for a...
Monday, April 18, 2022

Federal court awards Puerto Rico dealer over $855,000 in fees and costs as prevailing party in a Law 75 case

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Litigating and losing Law 75 cases come at a high price. In Casco, Inc. v. John Deere Construction , ---F. 3d---, 2022 WL 1090559 (D.P.R. Ma...
Wednesday, February 23, 2022

First Circuit vacates order compelling arbitration of a Law 75 impairment claim brought against a non-signatory subsidiary

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It happens every once in a blue moon when a federal court vacates an order compelling arbitration. Air Con-Inc. v. Daikin Applied, 21 F. 4th...
Monday, June 21, 2021

Intermediate P.R. Appellate Court refuses to enforce Judgment of German Court for medical devices supplier

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Federal and local courts continue the conflict on the enforcement of choice of law and forum provisions in distribution agreements governed ...