Monday, November 13, 2023

Puerto Rico and the 11th Amendment

A fun potentially open question: Is Puerto Rico sovereign for 11th Amendment purposes, as applied to IP claims? Longstanding precedent in the First Circuit (which covers Puerto Rico) says yes and the district court must adhere to that. But plaintiffs--the descendants of Puerto Rican baseball legend Roberto Clemente--seem to be trying to set-up a SCOTUS challenge on the issue.