Diaz-Fonseca v. Commonwealth of PR

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Puerto Rico Law 104 abrogates the Commonwealth’s immunity only with respect to negligence suits filed in Puerto Rico’s Court of the First Instance
• discussing limits on Commonwealth’s consent to suit for damages in tort claims
• Commonwealth’s consent to suit in its own courts in tort or negligence actions is not extensive to federal courts
• \[T]he Commonwealth's 'waiver of sovereign immunity in its own courts is not a waiver of the Eleventh Amendment immunity in the federal courts.'\ (quoting Pennhurst, 465 U.S. at 99 n.9)
• “[t]he law is equally clear that no punitive damages are available under [the ADA]”
• “Neither Section 1802 or 1803 contains an explicit waiver of the Commonwealth’s sovereign immunity”

Source: CourtListener parenthetical corpus (CC0).