Diego A. Ramos-Cayón, Esq.Fiddler González & Rodríguez, P.S.C., San Juan, PUERTO RICOAreas of Practice: Litigation Contact Information:
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| Diego A. RamosShareholder Diego A. Ramos is a member of the Litigation Division; leads the Aviation Defense Group; coordinates all litigation for Intellectual Property and Technology Group; and Chairs the Information Technology Committee of the Firm. During the last 22 years, Mr. Ramos managed and resolved about 1,000 aviation, products liability, warranty, dealer-franchising, antitrust, technology and intellectual litigated matters in the Federal and Commonwealth Courts of Puerto Rico. About 70% of his experience is in federal court and jury trial practice. Published Puerto Rico chapter for DRI's monograph on "Products Liability Defenses"(2000 and 1992 editions); for the National Business Institute "Trial Advocacy in Puerto Rico," "Limiting Damages in Puerto Rico," and "Civil Trial Procedures in the Commonwealth Courts of Puerto Rico." In law reviews, "'Oh, Pretty Woman,' Luke took your beauty away, may NAFTA come to your rescue? Campbell v. Acuff-Rose, can there ever be "moral rights" in the United States or Puerto Rico?", 29 Inter. Am. U. L. Rev. 173 (1994); "Burying Your Head in the Sand Never Worked: The Need for an Effective Program to Prevent and Detect Violations of Law," 34 P.R. Law J. 235 (1995); "Intellectual Property Protection for Software in the Commonwealth of Puerto Rico," 14 John Marshal J. Comp. and Inf. Law 745 (1996); in legal newsletters, "Keepers of the Gate: Admissibility of Expert Testimony. Part II. Joiner v. General Electric," 17 From The Bar 4 (1997); "And Here We Go Again: Admissibility of Expert Testimony. Kumho Tire Co. v. Carmichael, or Daubert III," 21 From The Bar 2 (1998); "It Ain't Over 'Til the Fat Lady Sings. And She Hasn't . . . Kumho Tire Co. v. Carmichael, or Daubert III," 23 From The Bar 4 (1999); "E-Commerce, E-Agents and the Civil Code of Puerto Rico: If It Ain?t Broke, Don't Fix It"61 Rev.Col. Abo. 253 (2000). He also writes a regular column for the publication From the Bar called "Diego?s Web Corner," commenting on Internet and information technology legal developments. As an active speaker, Mr. Ramos has lectured on several topics: "Defense of a Medical Malpractice Case"; "Crashworthiness Law in Puerto Rico"; "Summary of Copyrights for Businessmen"; "Defense of a Deceptive Advertisement Claim"; "The Three C's of Trial by Jury"; "DACO Rules of Practice: Tips for the Unwary"; "Selecting a Civil Jury in the U.S. District Court for the District of Puerto Rico: a Defense Perspective"; "The Differences Between Opening Statements and Closing Arguments: a Defense Perspective"; "The Ten Commandments of Good Accident Reporting"; "Franchising in Puerto Rico"; "Lemon Laws in Puerto Rico"; "Defending Aviation Turbulence Cases in Puerto Rico"; "Overview of Federal Copyright Law"; "Civil Jury Trials in Puerto Rico: Origin and Future"; "Expanding your client base in the World Wide Web"; "Internet Strategies for the Paralegal in Puerto Rico"; "Effective Internet Strategies for the Aviation Claims Professional"; "E-Commerce: Challenges to Today's Businesses"; "Cost-Effective Uses of Video Technology to Defend a Products Liability Lawsuit"; "First things first: am I defending my aviation claim in the best possible place?"; "Legal Infrastructure of the Digital Economy: An Overview"; "Cyberspace: Law in No Man's Land"; "Doing Business on the Web: A Legal Primer"; "Practical Tips on the Federal Rules of Evidence"; "Practical Tips on Presenting and Challenging Expert Testimony in Puerto Rico"; "Jurisdiction in Cyberspace"; "Online ADR: better for e-commerce disputes"; "Crisis and Law: the September 11 aftermath"; "Workshop on Expert Testimony: Wrongful death damages"; and teaches the "Federal Rules of Evidence Bar Review Course" twice a year offered by the Federal Bar, Puerto Rico Chapter. Among his most noteworthy cases or opinions in aviation and products liability are: the aborted takeoff at SJU of AA633 in 1985, the turbulence encounter near SJU of AA689 in 1990, the turbulence encounter near BDA of AA1473 in 1992, the turbulence encounters near NAS of AA 869 in 1995 and 1996, the turbulence encounter near BDA of CO 267, the CASA 212 crash in MAZ of AE 5456 in 1992 and the MDL engine fire incident of AA 574 of 1998; Grajales v. American, 194 F.3d 44 (1st Cir. 1999); Hill Construction v. American, 996 F.2d 1315 (1st Cir. 1993)(Upholding cargo limitations); Quinones v American, 979 F.2d 1 (1st Cir. 1992); U.S. Fire Ins. Co. v. Producciones Padosa, 835 F.2d 950 (1st Cir. 1987) (pilot warranty clause is a condition precedent for coverage in an aviation policy); Saez Rivera v. Nissan, 788 F.2d 819 (1st Cir. 1986) (Unintended accelaration case); Pastrana v. Solstar Travel, 46 F.Supp.2d 101 (D.P.R. 1999)(travel agent fraudulently joined to defeat removal); Rodriguez v. American, 8 F. Supp. 2d 150 (D.P.R. 1998)(Forum Non Conveniens); Bericochea v. Suzuki Motor, 7 F.Supp.2d 109 (D.P.R. 1998); Miranda v. American, 176 F.R.D. 438 (D.P.R. 1998); Abdullah v. American, 969 F.Supp. 337 (D.V.I. 1997) (FARs preemption); Silva v. American, 960 F. Supp. 528 (D.P.R. 1997) (Excluding experts after a Daubert hearing) and Welch v. American, 970 F. Supp. 85 (D.P.R. 1997)(The Warsaw Convention provides an independent cause of action and it is the exclusive remedy for international passengers covered by the treaty); Salamanca v. American, 920 F.Supp. 24 (D.P.R. 1996); Leslie v. CASA, 896 F.Supp. 243 (D.P.R. 1995); Rodriguez v. American, 886 F.Supp. 967 (D.P.R. 1995); Alvarez v. Air France, 787 F. Supp. 258 (D.P.R. 1991); Burke v. Air France, 699 F.Supp. 1016 (D.P.R. 1988); Díaz v. American, 686 F.Supp. 373 (D.P.R. 1988); Crownair v. Wolf, 598 F. Supp. 1478 (D.P.R. 1984). In intellectual property and technology, the Supreme Court of Puerto Rico's copyright leading opinion of Pancorbo v. Wometco, 115 DPR 495 (1984) (federal law preempts all economic local claims for intellectual property infringement); Century 21 v. Century 21, 929 F.2d 827 (1st Cir. 1991) (USPTO registration gives nationwide notice and preempts local registration by a junior use); Pedrosillo Music v. Radio Musical, 815 F. Supp. 511 (D.P.R. 1993); Guevara v Onsale, slip opinion (D.P.R. 2000)(Lack of personal jurisdiction over online bidding company); Peer Int?l v. Latin Am. Music Comp., 161 F.2d 38 (D.P.R. 2001). In distribution/franchising rights, the opinions in Medina & Medina v. Country Pride, 901 F. 2d 181 (1st Cir. 1990), (principal may withdraw from the market without liability under the Dealer's Act), Velasco Rentals v. Thrifty Rent-A-Car, CCH Bus. Franchise Guide 9589, pag. 21,073-81 (USDC-PR, Pérez-Giménez, 1991) (a trademark license is not protected by the Dealer's Act), Ports Authority v. COPA, 77 F.Supp. 2d. 227 (D.P.R. 1999)(User fee at an airport is protected conduct by the state action doctrine from antitrust challenge), and Brock Supply v. Moulding Associates, 81 F. Supp. 2d 338 (D.P.R. 2000)(Personal jurisdiction over distributor). Bar Professional & Civic Affiliations: Federal Bar Association (Board of Editors from the Bar, P.R. Chapter's Newsletter), American Bar Association, Defense Research Institute (Technology section), Puerto Rico Bar Association and a Member of the Mediation and Arbitration Committee of the Puerto Rico Chamber of Commerce. Court Admissions: Florida, Puerto Rico, U. S. District Court for the District of Puerto Rico and Southern District of Florida, and U.S. Court of Appeals for the First Circuit. Practice Areas: Aviation, Products Liability, Dealer-Franchising, Intellectual Property and Technology. ADR Appointments:Mr. Ramos is a panelist for Domain Name Disputes resolution services offered by eResolutions (www.eresolutions.com), an ICANN approved ADR provider. Likewise, CPR Institute for Dispute Resolutions (www.cpradr.org), another ICANN approved provider, keeps him on file in cases it needs to search for a neutral outside its regular list of neutrals. Education: J.D., Magna Cum Laude, Catholic University of Puerto Rico, 1979; B.S., Cum Laude, Fairleight Dickinson University, 1975; National Institute of Trial Advocacy, 1985; World Intellectual Property Organization Workshop for International Arbitrators, 2000. Contact Information: 787) 759-3162(787) 759-3123 (fax)dramos@fgrlaw.com |
