Toro Colón Mullet, P.S.C.

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Case Brief of Merchant Advance, LLC v. Conceptos Cuisine, LLC et al, 2026 TSPR15

In Merchant Advance, LLC v. Conceptos Cuisine, LLC (2026 TSPR 15), the Supreme Court of Puerto Rico reviewed whether a purchase and sale of future receivables should be treated as the sale of a payment intangible governed by Puerto Rico's Commercial Transactions Act (the "Act"), which largely adopts Article 9 of the Uniform Commercial Code ("UCC"), or construed as a loan subject to Puerto Rico's usury restrictions. The Court was also asked to decide whether enforcing a New York ("NY") choice of law clause in this context would contravene Puerto Rican public policy considerations.
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Summary of: Batista Valentín v. Sucn Batista Valentín, 2025 TSPR 93

After a group of siblings agreed to partition their father’s estate, one brother failed to comply, allegedly due to his wife’s opposition. This case evaluates whether a spouse’s verbal objections can amount to tortious interference with the other spouse’s contractual obligations. Upon careful analysis, the Puerto Rico Supreme Court (“Supreme Court”) ultimately held that mere expressions of disagreement do not amount to actionable interference under the doctrine of tortious interference, especially in the context of marital relations.
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Supreme Court of Puerto Rico Reinforces Enforceability of Lease Option Clauses

The Supreme Court of Puerto Rico has issued an important decision reaffirming the binding force of option clauses in lease agreements. In Conklin et al. v. Passalacqua et al., 2017 DPR _____ (2026), the Court underscored that a contract clause regarding an option to extend a lease grants the lessee a unilateral, enforceable right to extend the contract within the time agreed.
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Summary of: Ex Parte Torres-Pérez, 2025 TSPR 5

In 2023, Efraín Torres Pérez and Mirka Ivelisse Cabrera Vélez, a married couple, sought judicial recognition of ownership (expediente de dominio) over a parcel of land located in Isabela, Puerto Rico. They had acquired the property in 2011 by virtue of a private contract with the previous owner, Virginia Pérez Aldarondo. Mrs. Pérez-Aldarondo had herself obtained the property in 1951 through a private contract with the owners before her. Together, both owners were in possession of the property continuously, publicly, and peacefully for over thirty years. The property, however, lacked formal registration in the Puerto Rico Property Registry.
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Summary of: Dewberry Group, Inc., FKA Dewberry Capital Corp. V. Dewberry Engineers Inc., 145 S. Ct. 681 (Feb. 26, 2025), 604 U.S. _(2025)

This case addresses an important controversy regarding how damages should be calculated under the Lanham Act, particularly when the liable party reports no positive income. The following Supreme Court's opinion tackles the question: How should damages be calculated, specifically, when the defendant has no profits?
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