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Puerto Rico’s Financial Oversight Board Not Immune From Suit

May 18, 2022, 1:27 PM

Puerto Rico’s financial oversight board, which was created by Congress in 2016 to help the commonwealth deal with an economic emergency, isn’t immune from a suit by a nonprofit media organization seeking access to its records, a divided US Court of Appeals for the First Circuit said.

Although the Financial Oversight and Management Board of Puerto Rico may be considered an arm of Puerto Rico’s government for purposes of 11th Amendment immunity, Congress abrogated that immunity when it created the board in the Puerto Rico Oversight, Management, and Economic Stability Act, the opinion by Judge O. Rogeriee Thompson said Tuesday. ...