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The Order of the District Court dated November 27, 2006 is affirmed. Because only Calderón appealed the District Court's Order, this Court was compelled to return the case to the District Court for appropriate disposition of ARCAM's claims against Pellot and Faría.2.
These claims, sounding solely in the law of Puerto Rico, were dismissed without prejudice.3. Rather, the proper avenue for such assertions is a First Amendment claim, one which ARCAM brought, and which the District Court below dismissed as to all Defendants in its March 30, 2005 Opinion and Order.
Pedro Santiago-Rivera and Reichard & Escalera on brief for appellees. Given the holding in Pagán, dismissal on remand by the District Court of appellant ARCAM Pharmaceutical Corporation's (“ARCAM”) claims was inevitable.
Plaintiffs alleged that Faría and Pellot were the vehicles through which Calderón exerted undue influence over BDE's directors in order to prevent BDE from granting ARCAM's loan request.
ARCAM argues that the Pagán decision was not binding on its claims against Faría and Pellot, and that the District Court erred in extending Pagán to dismiss the claims against these Defendants.
When this case was last before us, we stated unequivocally that the Complaint in this matter failed to state any viable constitutional claims. Nevertheless, ARCAM now appeals the dismissal of its suit against appellees Antonio Faría and Vilma Pellot.
Leval, Judging Under the Constitution: Dicta About Dicta, 81 N. We were similarly forthright with regard to ARCAM's equal protection claim: “․ [the claim] does not pass constitutional muster.” Id. Here, the analysis was two-pronged: first, ARCAM failed to plead facts establishing that a similarly situated borrower was treated differently than it; and second, the Complaint offered no allegations indicating that the disparate treatment of which ARCAM complains resulted from a gross abuse of power, invidious discrimination, or fundamentally unfair procedures.She became Mayor of the Puerto Rican capital of San Juan in 1997.DID YOU KNOW She studied government and administration at New York’s Manhattanville College and at the University of Puerto Rico. Those born under the zodiac sign of Libra are peaceful, fair, and they hate being alone.We first took up the issue of justiciability, and concluded that only ARCAM had standing to pursue its claims against Defendants.We therefore dismissed the claims of all other Plaintiffs. Applying the usual qualified immunity rubric, see, e.g., Limone v.