United States First Circuit

In an action challenging a beer tax exemption as unconstitutional under the Commerce Clause, district court's grant of defendant's motion to dismiss is reversed and remanded where: 1) the court erred in finding that the decision of the jurisdictional issue in the earlier Calder-n action precluded consideration of that issue in the current suit; 2) plaintiff's action is not barred by the Butler Act limiting federal jurisdiction in Puerto Rico or by principles of comity; 3) the PR Supreme Court's decision in Brewers does not provide a basis for granting defendant's motion to dismiss; and 4) defendant failed to meet the burden of showing sufficient privity between plaintiff and plaintiff's PR beer distributor, and thus the the prior final judgment involving the distributor does not preclude the present action.

Appellate Information

• Decided 03/30/2009
• Published 03/30/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, LIPEZ, Circuit Judges, and DiCLERICO, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Helgi C. Walker, with whom William S. Consovoy, Suzzette Rodríguez-Hurley, Wiley Rein LLP, Pedro Jiménez, and Adsuar Muñiz Goyco Seda & Pérez-Ochoa P.S.C., were on brief for appellant.


• For Appellees:
  
• Irene S. Soroeta-Kodesh, Assistant Solicitor General, with whom Mariana D. Negrón-Vargas, Acting Solicitor General, was on brief for appellee.