United States First Circuit

District court judgment against defendant for overdue demurrage owed to plaintiff is reversed where: 1) Puerto Rico Commerce Code Article 947's 180-day limitations period applies to plaintiff's claim for overdue demurrage charges on international shipments to Puerto Rico; and 2) the court did not err in failing to apply the laches presumption, as the parties offered scant facts relevant to such an inquiry and the parties consented to judgment based on the stipulation.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, SELYA, and LEVAL, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul E. Calvesbert, with whom Calvesbert Law Offices PSC, was on brief for appellants.


• For Appellees:
  
• Luis R. Rivera-González, for appellee.