48 U.S.C. § 2152

Intervention in litigation

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(a) Intervention

The Oversight Board may intervene in any litigation filed against the territorial government.

(b) Injunctive relief(1) In general

If the Oversight Board intervenes in a litigation under subsection (a), the Oversight Board may seek injunctive relief, including a stay of litigation.

(2) No independent basis for relief

This section does not create an independent basis on which injunctive relief, including a stay of litigation, may be granted.

(Pub. L. 114–187, title II, § 212, June 30, 2016, 130 Stat. 577.)

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2017–2024 · leading case: Peaje Investments LLC v. Garcia-Padilla, 845 F.3d 505 (1st Cir. 2017).

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Peaje Investments LLC v. Garcia-Padilla, 845 F.3d 505 (1st Cir. 2017). “See 48 U.S.C. § 2152 (a). III. For the foregoing reasons, we AFFIRM the district court’s denial of Peaje’s motion to lift the PROMESA stay, but VACATE its denial of the Altair Movants’ motion.”

Camara de Mercadeo, Industria y Distribucion de Alimentos, Inc. v. Emanuelli-Hernandez (D.P.R. 2021). “2021); see also 48 U.S.C. § 2152 . There is no doubt that PROMESA’s provisions “shall prevail over any general or specific provisions of territory law .”

Univ. of Puerto Rico Ret. Bd. v. Univ. of Puerto Rico (D.P.R. 2024). “Even though PROMESA grants the FOMB the prerogative to intervene in litigation against the local government (see, 48 U.S.C. § 2152 (“The [FOMB] may intervene in any litigation filed against the territorial government”), it has not done so here.”

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