His practice includes general civil and commercial litigation before the Puerto Rico and federal courts, concentrating in local appellate practice, constitutional, tax, consumer class action, administrative, insurance, and land use litigation. He is ranked as one of Puerto Rico’s Leading Attorneys in the Dispute Resolution field by the renowned international publication Chambers & Partners in its Latin America Guide.
Prior to joining the firm, Mr. Marqués-Díaz clerked for the Hon. José A. Andréu García, Chief Justice of the Supreme Court of Puerto Rico, and also served as Special Aide to Chief Justice Andréu García. While in law school he served as Associate Editor of the University of Puerto Rico Law Review.
He frequently writes and lectures on alternative methods of dispute resolution. Also, he published “Notarización de Documentos de Extranjeros que no Entienden el Idioma Español o Inglés” 61 Rev., Jur. U.P.R. 193 (1992) and co-wrote “La Inconstitucionalidad de la Legislación de Antecedentes Penales de Puerto Rico” , 61 Rev. Jur. U.P.R. 115 (1992).
By appointment of the Puerto Rico Supreme Court, Mr. Marqués-Díaz has been a member of the Puerto Rico Board of Bar Examiners since 1997.
- Mr. Marqués-Díaz has a solid constitutional law practice. He has argued many cases involving constitutional issues before appellate courts, including the first ever live TV broadcast oral argument before the Puerto Rico Supreme Court, which resulted in a unanimous landmark decision in favor of the firm's client. Brau et als. v. E.L.A. de Puerto Rico, 2014 TSPR 26 (2014).
- Member of team that represented a major international retailer in a tax constitutional challenge before the federal court, on Commerce Caluse, Equal Protection, and Federal Relations Act grounds. See Wal-Mart Puerto Rico, Inc. v. Juan C. Zaragoza-Gomez, 174 F. Supp. 3d 585 (DPR 2016).
- Arguing before the Puerto Rico Court of Appeals on several occasions, including on issues related to land use and constitutional topics such as whether there is a right to a jury trial in civil cases in Puerto Rico.
- Representing the engineers’ professional liability insurer in the Superaqueduct complex construction litigation, which led to a landmark decision by the U.S. Court of Appeals for the First Circuit outlining the boundaries of mediation, and the eventual enactment of the local rule governing mediation in federal court. See In Re: Atlantic Pipe Corporation, 304 F. 3rd 135 (1st. Cir. 2002).
- Defending taxpayers in tax deficiency proceedings brought by the Puerto Rico Treasury Department, the municipalities, and CRIM.
- Representing petroleum companies in consumer class actions before the Puerto Rico and federal courts, and in multidistrict litigation before the U.S. District Court for the Southern District of New York.
- He also successfully represented the PR Office of the Courts Administration in a case which resulted in the landmark decision by the U.S. Court of Appeals for the First Circuit that Puerto Rico is not constitutionally required to provide a jury in civil cases. González-Oyarzun v. Caribbean City Builders, 2015 WL 4881092.
- His Puerto Rico Supreme Court published opinions include:
- Brau et als. V. E.L.A, 2014 TSPR 26 (2014), invalidating statute that modified retirement and other compensation rights of judges
- Empresas Loyola v. Com. Ciudadanos, 186 D.P.R. 1033 (2012), reinstating construction permits for a residential development adjacent to an ecologically protected section of San Juan
- San Antonio Maritime v. P.R. Cement Co., 153 D.P.R.374 (2001) acknowledging right of client to intervene in competitor’s administrative proceedings
- Asociación Puertorriqueña de Importadores de Cerveza, Inc. v. Estado Libre Asociado, 171 D.P.R. 140 (2007) challenging preferential excise tax based on commerce clause considerations
- Lilly del Caribe, Inc. v. Santos Rosado, 2012 TSPR 65 outlining requirements to challenge special tax
Pfizer Pharm. V. Mun. Vega Baja, 182 D.P.R. 267 (2011), where he appeared as amicus counsel for the Pharmaceutical Industry Association (establishing the limits of the municipality’s tax authority vis a vis tax exemptions granted by the Government of Puerto Rico)
- His federal published opinions include:
- Wal-Mart Puerto Rico, Inc. v. Zaragoza-Gómez, 174 F. Supp. 3rd 585 (2016), affirmed in 834 F. 3rd 110 (Ist Cir. 2016), invalidating a tax as unconstitutional on Commerce Clause, Equal Protection and Federal Relations Act grounds.
- Trilla-Piñero v. Puerto Rico, 557 F. Supp. 2d 258 (D.P.R. 2008) determining commencement of action under Class Action Fairness Act in gasoline industry litigation
- Torres v. Bella Vista Hospital, Inc., 639 F. Supp 2d 188 (D.P.R. 2009) successful defense of ERISA claim
- Milliman, Inc. v. Health Meadicare Ultra, Inc., 641 F. Supp. 2d 113 (D.P.R. 2009) compelling arbitration of contractual dispute
News & Publications
- McV NewsJuly 27, 2017
- June 7, 2016
- Important Ruling Concerning Right to Jury Trial in Civil Cases before Puerto Rico CourtsAugust 18, 2015
- McV NewsOctober 4, 2017
- An McV Tax Litigation AlertAugust 24, 2017
- An McV Litigation AlertJune 23, 2017
- An McV Bankruptcy & Debt Restructuring AlertMay 5, 2017
- An McV Bankruptcy & Debt Restructuring AlertApril 5, 2017
- An McV Bankruptcy & Debt Restructuring AlertFebruary 24, 2017
- An McV Bankruptcy & Debt Restructuring AlertJanuary 13, 2017
- Puerto Rico Supreme Court Clarifies Juridiction of Public Bid Reviewing Board of the General Services AdministrationAn McV Bids & Government Procurement AlertJanuary 5, 2017
- Puerto Rico Supreme Court Rules that a Foreclosure Judgment could be Null and Void if the Case was Not Mediated FirstAn McV Bankruptcy & Debt Restructuring AlertOctober 21, 2016
- US Court of Appeals Affirms Victory for Wal-Mart Puerto Rico Against Discriminatory Alternative Minimum TaxAn McV Tax Litigation AlertAugust 29, 2016
- Tax Litigation, September 9, 2015
- Existence of Private Residential Roads Recognized under Puerto Rico LawDecember 1, 2014
Member, Policy Committee
Leader, Alternative Dispute Resolution Practice Team
Co-Leader, Tax Litigation Practice Team
- Commonwealth of Puerto Rico
- U.S. District Court District of Puerto Rico
- U.S. Court of Appeals 1st Circuit
- U.S. Supreme Court
B.A., University of Notre Dame, 1988
J.D., Magna Cum Laude, University of Puerto Rico Law School, 1991
LL.M., Harvard Law School, 1994
Puerto Rico Bar Association