Ricardo J. Casellas-Santana

Ricardo J. Casellas-Santana is a Member of the Litigation Department at O’Neill & Borges LLC. He specializes in high-stakes commercial disputes, distribution and franchising law, and environmental litigation across federal and state courts. Ricardo leverages his background in physics to devise innovative solutions for complex legal challenges.

Before joining the firm, Ricardo clerked for Hon. Judges Jay A. Garcia-Gregory, and Salvador E. Casellas at the U.S. District Court for the District of Puerto Rico, and served as a student clerk for Hon. Judge Juan R. Torruella at the U.S. Court of Appeals for the First Circuit. Through these experiences, Ricardo gained insight into the judicial decision-making process and further honed his legal writing skills. His articulate and impactful briefs have earned high praise from clients and peers alike.

Ricardo’s litigation prowess is underscored by his significant courtroom victories, which include a multi-million-dollar trial win for a condominium association in an insurance claim arising from Hurricane María. He also obtained a summary dismissal in an employment law case, which was later affirmed by the First Circuit Court of Appeals. And he assisted several brokerage firms in successfully resolving over 30 arbitration securities claims following the 2013 Puerto Rico bond market collapse.

Recognizing that litigation is not always the optimal path for clients, Ricardo routinely advises on strategies to mitigate litigation risk. He counsels clients on best practices in distribution and franchising law, focusing on compliance with Puerto Rico’s Dealer’s Act (Law 75 of 1964). Through strategic planning, Ricardo ensures that clients are well-prepared to avoid disputes and robustly defend their interests when necessary.

Ricardo’s strategic insights and proactive approach underscore his commitment to delivering exceptional client outcomes. With his extensive experience and expertise, Ricardo stands as a formidable advocate against opponents and a trusted advisor to his clients.

Representative and Notable Engagements

• Consejo de Titulares del Condominio de Diego 444 v. Mapfre Praico Insurance Company, Case No. SJ2019CV09012. In a landmark result, Ricardo led O&B’s trial team and secured a $3.8 million judgment for the client, a condominium association after the insurer significantly underestimated Hurricane María damages. The court’s 110-page opinion, rendered after trial on the merits, addressed multiple issues of first impression under Puerto Rico law, including finding that the extrapolation of damages was permissible as an example of circumstantial evidence under Puerto Rico evidentiary law, and a finding of coverage under an Ordinance or Law endorsement. As a testament to O&B and Ricardo’s meticulous case preparation, the condominium’s expert witnesses were deemed fully credible. And Ricardo’s incisive cross-examination exposed fundamental flaws in the opposing expert’s testimony, leading the court to find the opposing expert not credible on various critical occasions. This important decision has clarified the legal landscape for similar and ongoing insurance disputes in Puerto Rico.
• Obtained summary judgment dismissing all claims in a federal employment law dispute, with the First Circuit affirming that the employer was not liable for age or disability discrimination in a reduction-in-force context. Lahens v. AT&T, 28 F.4th 325 (1st Cir. 2016).
• Represented Plaintiffs pro bono in a highly publicized case involving novel and complex civil rights issues. Osuji v. Departamento de la Familia, 2021 WL 4438085 (D. Puerto Rico, 2021). There, the Plaintiffs (parents of an infant removed from their custody for alleged neglect) asserted due process and equal protection violations due to inadequate English-language services provided by the Puerto Rico Department of the Family. As part of the trial team at O&B, Ricardo obtained preliminary injunctive relief and contempt of court orders against the Puerto Rico Department of the Family.
• Obtained several orders compelling arbitration in multi-million-dollar securities fraud lawsuits against broker-dealer. Méndez-Campoamor et al. v. UBS Financial Services of Puerto Rico Inc., Civil No. 3:18-cv-01656; Rojas Franqui et al. v. UBS Financial Services of Puerto Rico Inc., Civil No. 3:18-cv-01479.
• Obtained denial of preliminary injunctive relief and later full dismissal of § 1983 and EMTALA claims. Gonzalez-Trapaga v. Mayaguez Medical Center Dr. Ramon Emeterio Betances, Inc. et al, Civil No. 15-cv-01342 (DRD).
• Secured favorable dismissal pursuant to a choice-of-venue clause in a sales contract dispute. Quintana Quintana Corp. v. Sandisk Corp., Civil No. 15-2101 (ADC).
• Drafted a successful brief in opposition to a petition for certiorari in an ERISA dispute. Guerra Delgado v. Popular Inc., Case No. 14-1170 (U.S. Supreme Court, cert. denied June 1, 2015).