United States First Circuit

In a dormant Commerce Clause challenge to Puerto Rico's differential tax treatment of large and small brewers, the district court's dismissal on comity grounds is affirmed, where: 1) the plaintiff sought review of regulatory matters over which Puerto Rico enjoys wide regulatory latitude under the Butler Act, 48 USC section 872; 2) the plaintiff was explicitly seeking to improve its competitive position with respect to Puerto Rico's local brewer; 3) Puerto Rico's courts were better positioned than were the federal courts to address and remedy any potential constitutional violations; 4) none of the defendant's actions amounted to voluntary consent to suit in federal court; 5) the equities favored dismissal; and 6) Puerto Rico courts met the adequate state-court forum test.

Appellate Information

• Decided 04/27/2012
• Published 04/27/2012

Judges

• Lynch

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Helgi C. Walker, Susana I. Penagaricano-Brown