Ruling Establishes the Ports Authority as an Arm of the State
Washington, DC, July 11, 2008 – Winston & Strawn has won an important victory before the US Court of Appeals – DC Circuit for its client the Puerto Rico Ports Authority (PRPA). The ruling on Wednesday ends three separate cases involving more than $100 million in damages and establishes that the PRPA is an “Arm of the State” immune from suit in federal courts under the doctrine of sovereign immunity
The victory was a collaborative effort by Winston & Strawn’s Maritime and Appellate practice groups. Larry Kiern, a partner in the Maritime Group, represented PRPA in the proceedings before the Federal Maritime Commission and the DC Circuit along with associates Bryant Gardner and Gerald Morrissey. Gene Schaerr, chair of the firm’s nationwide appellate and critical motions practice, argued the PRPA appeal. Other partners who assisted on the case include Allen Black, Steffen Johnson and Francisco Pavia.
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