Photo of Juan A.  Marqués-Diaz

Juan A. Marqués-Diaz

Capital Member and Chairman, Litigation Practice Group
787.250.2619 | jam@mcvpr.com

Biography

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.

Representative Cases

  • 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

Practices

News & Publications

News

Publications

Member, Policy Committee

Leader, Alternative Dispute Resolution Practice Team

Co-Leader, Tax Litigation Practice Team

Bar Admissions

Education

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

Memberships

Puerto Rico Bar Association

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