IN RE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD

No. 19-2028.

979 F.3d 10 (2020)

IN RE: The FINANCIAL OVERSIGHT AND MANAGEMENT BOARD FOR PUERTO RICO, as Representative for The Commonwealth of Puerto Rico; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Highways and Transportation Authority; the Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Electric Power Authority (Prepa); The Financial Oversight and Management Board for Puerto Rico, as Representative for the Puerto Rico Sales Tax Financing Corporation, a/k/a Cofina; The Financial Oversight and Management Board for Puerto Rico, as Representative for the Employees Retirement System of the Government of the Commonwealth of Puerto Rico, Debtors. Hermandad De Empleados del Fondo del Seguro del Estado, Inc.; Unión de Médicos de la Corporación del Fondo del Seguro del Estado Corp. (UMCFSE), Plaintiffs, Appellants, v. Financial Oversight and Management Board; Commonwealth of Puerto Rico; State Insurance Fund Corporation; Javier Rivera Ríos, in his official capacity as Administrator of the State Insurance Fund Corporation; Christian Sobrino Vega; José Iván Marrero Rosado; Teresita Fuentes; Wanda Vázquez Garced, in her official capacity as Governor; Omar J. Marrero Díaz, in his official capacity as Executive Director of AAFAF; Francisco Parés Alicea, in his official capacity as Secretary of Treasury, Defendants, Appellees, Natalie A. Jaresko, Defendant.

United States Court of Appeals, First Circuit.

October 28, 2020.


Attorney(s) appearing for the Case

Jessica E. Méndez-Colberg , with whom Rolando Emmanuelli Jiménez and Bufete Emmanuelli were on brief, for appellants.

Mark D. Harris , with whom Timothy W. Mungovan , John E. Roberts , Martin J. Bienenstock , Stephen L. Ratner , John E. Richman , and Proskauer Rose LLP were on brief, for appellees.

Before Thompson, Kayatta, and Barron, Circuit Judges.


In response to a mounting fiscal crisis, Puerto Rico enacted a series of laws that affect the relationship between public employees in the Commonwealth and their employers. Two unions representing such employees filed suit in federal district court in Puerto Rico in July 2018, alleging that these laws impermissibly interfere...

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