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Garcia-Rubiera v. Calderon, No. 07-2409

By FindLaw Staff on June 30, 2009 | Last updated on March 21, 2019

In an action challenging amendments to Puerto Rico's Compulsory Motor Vehicle Liability Insurance Act, district court judgment is affirmed in part, reversed in part and remanded where: 1) the court erred in dismissing plaintiff's takings clause claim, as their takings claim for declaratory and injunctive relief is ripe despite the failure to utilize Procedure No. 96 to pursue their administrative remedy; 2) although plaintiffs have a sufficient property interest in the duplicate premiums for purposes of due process, further proceedings are necessary to determine whether the transfers to the Secretary of Treasury constitutes a sufficient deprivation of that property interest to require notice under the Due Process Clause; 3) the court properly dismissed plaintiff's equal protection claim as neither law is directed to a protected class, and the Commonwealth's action is rational and serves the legitimate end of balancing the budget; 4) the court properly granted qualified immunity to defendants; and 5) the court erred in denying class certification as plaintiffs satisfied all the requirements necessary to certify a class. 

Read Garcia-Rubiera v. Calderon, No. 07-2409

Appellate Information
Appeal from the United States District Court for the District of Puerto Rico.
Filed on JUNE 30, 2009

Before Torruella, Howard, Circuit Judges, and DiClerico, District Judge.
Opinion by Torruella, Circuit Judge.

For Appellant: Antonio J. Amadeo-Murga.
For Appellee: Irene S. Soroeta-Kodesh, Assistant Solicitor General.

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