48 U.S.C. § 2103
Supremacy
The provisions of this chapter shall prevail over any general or specific provisions of territory law, State law, or regulation that is inconsistent with this chapter.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2018–2022 · leading case: Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022).
Centro de Periodismo Investigativo, Inc. v. FOMB, 35 F.4th 1 (1st Cir. 2022). “" 48 U.S.C. § 2103 . This shield from compliance with inconsistent territory laws and regulations assists the Board as it formulates and executes its plans for Puerto Rico's fiscal recovery, and, though not a limit on the federal court's jurisdiction over claims against it,…”
Rivera-Schatz v. Fin. Oversight & Mgmt. Bd. for P.R. (In re Fin. Oversight & Mgmt. Bd. for P.R.), 327 F. Supp. 3d 364 (2018). “" 48 U.S.C.A. § 2103 (West 2017). Congress' determination, in PROMESA, to empower the Oversight Board to accept, reject, develop and certify budgets, and to render certified budgets effective by operation of law, prevails over the general allocation of budgetary power to Puerto…”
FOMB v. Federacion de Maestros de Puerto Rico, Inc. (1st Cir. 2022). “3d at 104 (explaining that "PROMESA's provisions preempt any inconsistent 'general or specific provisions of territory law'" (quoting 48 U.S.C. § 2103 )). While this provision need not necessarily mean that every Commonwealth law inconsistent with the Plan is also inconsistent…”
Altair Global Credit Opportunities Fund (A), LLC v. United States (Fed. Cl. 2018). “” 48 U.S.C. § 2103 . Congress also specified that the primary purpose of PROMESA was to provide a method for a territory of the United States “to achieve fiscal responsibility and access to the capital markets.”
Vazquez-Garced v. FOMB (1st Cir. 2019). “See 48 U.S.C. § 2103 ("The provisions of this chapter shall prevail over any general or specific provisions of territory law, State law, or regulation that is inconsistent with this chapter.”
Autonomous Mun. of San Juan v. Fin. Oversight & Mgmt. Bd. for Puerto Rico (D.P.R. 2019). “48 U.S.C.A. § 2103 (West 2017). The Court therefore determines that Section 108 of PROMESA precludes Plaintiff from invoking federal common law to challenge the Oversight Board’s exercise of its authority to designate covered territorial instrumentalities, and Count One thus…”
Camara de Mercadeo, Industria y Distribucion de Alimentos, Inc. v. Emanuelli-Hernandez (D.P.R. 2021). “]” 48 U.S.C. § 2103 . However, nothing in the Act nor the Policy provides that a regulation that is inconsistent with a Certified Fiscal Plan is null and unenforceable on its face, in the absence of additional action on behalf of the Oversight Board.”
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