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Decades of delay are ok: First Circuit rejects laches defense based on "doctrine of progressive encroachment"
  • Foley Hoag LLP
  • USA, Puerto Rico
  • October 29 2012

In a case on appeal from the District of Puerto Rico, the First Circuit held that the “doctrine of progressive encroachment” defeated a junior user’s laches defense, despite the fact that the junior user had been co-existing with the senior user for decades.


First Circuit articulates criteria for accepting discretionary appeal under Class Action Fairness Act of order remanding putative class action to state court, holds class certifiability is irrelevant to existence of federal jurisdiction
  • Foley Hoag LLP
  • USA, Puerto Rico
  • April 14 2010

In College of Dental Surgeons of Puerto Rico v. Connecticut General Life Insurance Company, 585 F.3d 33 (1st Cir. 2009), a statutorily-created, compulsory-membership association of Puerto Rico dentists sued multiple insurance companies in a Puerto Rico trial court alleging that defendants’ practices violated Puerto Rico law and harmed association members.