Mr. Arias-Marxuach is a civil and commercial litigator who handles a wide range of disputes. He has played key roles in some of the most unique cases handled by the Firm in the past two decades. These cases have ranged from a civil rights complaint brought on behalf of one of the largest retailers in the Island against a Secretary of Justice of the Commonwealth of Puerto Rico to multiple injunctive relief cases brought on behalf of the University of Puerto Rico and arising from system wide student unrest.
The main component of his practice is the defense of claims arising from distribution and sales representation contracts and he has taught a law school course on this subject.
Mr. Arias-Marxuach also defends personal injury and products liability claims. Most of his products liability work has been on behalf of medical device manufacturers. Maritime law is a component of his practice as well. He has prosecuted a complex refrigerated cargo claim and has defended complex maritime personal injury cases.
He has substantial jury trial and appellate experience. He has been on brief and successfully argued before the United States Court of Appeals for the First Circuit in multiple cases.
Mr. Arias-Marxuach is ranked as one of Puerto Rico’s Leading Attorneys in the Dispute Resolution field by the international publication Chambers & Partners in both its Global and its Latin America Guides. He is also ranked in the Civil Rights Law and the Litigation fields of The Best Lawyers in Puerto Rico guide.
Before joining the Firm, he clerked for the Honorable Antonio S. Negrón-García who was, at the time, the most senior and prolific Associate Justice of the Puerto Rico Supreme Court.
Mr. Arias-Marxuach co-authored: Civil Appeal Procedures in the Commonwealth of Puerto Rico, published in "Civil Appeal Procedures Worldwide", International Bar Association (1992).
His representative cases include:
- Obtained dismissal of claims in cases raising issues of first impression under the Puerto Rico Dealers Act, Act 75-1964. See Quality Cleaning Products R.C., Inc. v. SCA Tissue North America, LLC, 794 F.3d 200 (1st Cir. 2015)(clarifying that “continuing violation” or “continuing tort” theories do not toll Act 75’s statute of limitations); Basic Controlex Corporation v. Klockner Moeller Corp., 202 F.3d 450 (1st Cir. 2000)(Act 75 ‘s statute of limitations preempts the Puerto Rico Civil Code’s statute of limitations for claims for breach of contract);
- Obtained summary judgment dismissing of breach of contract claims under the Puerto Rico Commerce Code’s 5-year statute of limitations in a case related to the “Special Supplemental Food Program for Women, Infants and Children Nutrition Act” or WIC Program. See Distribuidora Santiago, Inc. v. Mead Johnson Puerto Rico, Inc. 2014 WL552950 (P.R. App. 2014);
- Prosecution and defense of multiple injunctive and declaratory relief lawsuits arising from student unrest throughout the University of Puerto Rico’s 11-campus system and which put the University at risk with national and local accrediting agencies. One of these lawsuits resulted in a landmark Opinion of the Puerto Rico Supreme Court which balances protesters’ and non-protesters’ freedom of speech rights. See UPR v. Laborde, 2010 TSPR 225 (P.R.);
- Defeated a motion for preliminary injunction and obtained an order compelling arbitration. See Next Step Medical Co, Inc. v. Johnson & Johnson International, 619 F.3d 67 (1st Cir. 2010);
- Successful defense of Petroleum Marketing Practices Act and antitrust claims arising out of a dealer termination and a zone pricing program. See The Shell Company (Puerto Rico) Ltd. v. Los Frailes Service Station, 605 F.3d 10 (1st Cir. 2010);
- Successful defense of a complaint for intervention which sought to challenge a settlement agreement. See R&G Mortgage Corp. v. Federal Home Loan Mortgage Corp., 548 F.3d 1 (1st Cir. 2009);
- Obtained summary judgments dismissing claims under the Puerto Rico Sales Representatives Act, Act 21-1990. See Medical Books In Print, Inc. v. Harcourt, Inc., 93 Fed. Appx. 240 (1st Cir. 2004); Quality Const. Chemicals, Corp. v. Sika Corp, 389 F.Supp.2d 246 (D.P.R. 2005);
- Obtained dismissal for lack of personal jurisdiction of a claim for personal injuries arising out of an accident within a resort in the Dominican Republic. See Lang v. Corporacion de Hoteles S.A., 522 F.Supp. 2d 349 (D.P.R. 2007);
- Obtained orders in limine striking expert witnesses’ reports and expected testimony. See Jiménez-Carrelo v. Advanced Neuromodulation Systems, Inc., 777 F.Supp. 2d 315 (D.P.R. 2011)(medical device case); Matosantos Commercial Corp. v. SCA Tissue North America, LLC., 369 F.Supp.2d 191, 67 Fed. R. Evid. Serv. 240 (D.P.R. 2005)(distribution contract case).
News & Publications
- An McV AlertOctober 18, 2016
- June 7, 2016
- Three McV attorneys teach review courses for the Federal Bar examSeptember 23, 2015
- U.S Court of Appeals Clarifies Application of the Puerto Rico Dealers’ Act Statute of LimitationsJuly 22, 2015
- Twenty-six McV Attorneys Recognized in Chambers & Partners Latin America GuideJune 22, 2015
- An McV Bankruptcy & Debt Restructuring AlertApril 5, 2017
- An McV Government Affairs AlertMarch 22, 2017
- An McV Bankruptcy & Debt Restructuring AlertFebruary 24, 2017
- An McV Bankruptcy & Debt Restructuring AlertJanuary 13, 2017
- An McV Government Affairs AlertNovember 9, 2016
- Governor Files Bill to create Board for the Financial Supervision and Economic Recovery of Puerto RicoGovernment Affairs, October 21, 2015
Leader, Distribution and Franchising Practice Team
- Commonwealth of Puerto Rico
- U.S. District Court District of Puerto Rico
- U.S. Court of Appeals 1st Circuit
B.A., Boston College
- Major: Political Science
J.D., Magna Cum Laude, University of Puerto Rico Law School
LL.M., Harvard Law School
American Bar Association
- Forum on Franchising