United States First Circuit

Dismissal of plaintiff's ADA suit against the Commonwealth of Puerto Rico is vacated on grounds that the suit should be remanded for a determination of jurisdiction where there was a parallel suit still pending review by the Supreme Court of Puerto Rico.

Appellate Information

• Decided 07/29/2004
• Published 07/29/2004

Judges

• LYNCH, Circuit Judge., Before Selya, LYNCH, and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Marc P. Charmatz, with whom Mary C. Vargas, Rosaline Crawford, and National Association of the Deaf Law Center were on brief, for appellant., Kevin K. Russell, Attorney, Department of Justice, with whom R. Alexander Acosta, Assistant Attorney General, Ralph F. Boyd Jr., Assistant Attorney General, Jessica Dunsay Silver, Attorney, and Seth M. Galanter, Attorney, were on brief, for intervenor United States.


• For Appellees:
  
• Alfredo Fernandez-Martinez, with whom Delgado & Fernandez, LLP was on brief, for appellees Administrator of the Judiciary System and Director of the Courts Administration of Puerto Rico., Hiram Melendez, with whom Roberto J. Sánchez Ramos, Solicitor General, Vanessa Lugo Flores, Deputy Solicitor General, Kenneth Pamias Velázquez, Deputy Solicitor General, Leticia Casalduc Rabell, Assistant Solicitor General, and Camelia Fernández Romeu, Assistant Solicitor General, were on brief, for appellee Commonwealth of Puerto Rico.