IN RE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD

No. 21-1071.

37 F.4th 746 (2022)

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; The Financial Oversight and Management Board for Puerto Rico, as Representative of the Puerto Rico Public Buildings Authority, Debtors. Hon. Pedro Pierluisi, in his official capacity; Puerto Rico Fiscal Agency and Financial Advisory Authority, Plaintiffs, Counterdefendants-Appellants, v. The Financial Oversight and Management Board for Puerto Rico, Defendant, Counterplaintiff-Appellee.

United States Court of Appeals, First Circuit.

June 22, 2022.


Attorney(s) appearing for the Case

William J. Sushon , with whom John J. Rapisardi , Peter Friedman , O'Melveny & Myers LLP, Luis C. Marini-Biaggi , Carolina Velaz Rivero , and Marini Pietrantoni Muñiz LLC were on brief, for appellants.

Mark David Harris , with whom Timothy W. Mungovan , John E. Roberts , Guy Brenner , Martin J. Bienenstock , Lucas Kowalczyk , Shiloh A. Rainwater , and Proskauer Rose LLP were on brief, for appellee.

Jorge Martínez-Luciano , with whom Emil Rodríguez-Escudero , and M.L. & R.E. Law Firm were on brief, for the Speaker of the Puerto Rico House of Representatives, the Hon. Rafael Hernández-Montañez, amicus curiae.

Before Thompson and Lipez, Circuit Judges, and Torresen, District Judge.


In the legislation addressing the Commonwealth of Puerto Rico's fiscal crisis, Congress gave the Financial Oversight and Management Board for Puerto Rico ("the Oversight Board" or "the Board") authority to object to, and block the implementation of, local laws that are inconsistent with efforts to return the Commonwealth to...

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