Summary of the Motion for Preliminary Injunction
Case No. 24-CV-1579 (PAD) | Filed December 23, 2024
Plaintiff: R.M.C. Orthopedic & Surgical, Inc. (“RMC”)
Defendant: Stryker/Wright
Law Invoked: Puerto Rico Dealers’ Contracts Act (Law 75, 10 P.R. Laws Ann. §§ 278–278dd, § 278b-1)
Core Request
- Preliminary Injunction:
- Order Stryker/Wright to continue the exclusive distributorship relationship with RMC as it existed before termination.
- Fulfill all pending purchase orders (15 orders totaling $581,185.75 refused since May 2023) and all future orders during litigation.
- Maintain the status quo so RMC can continue serving Puerto Rico orthopedic surgeons and patients.
Key Arguments
- RMC is a Protected Dealer under Law 75
- Over 30 years as exclusive distributor in Puerto Rico/USVI (since 1991).
- Built the market for Wright/Tornier products: inventory, training, marketing.
- Written exclusive distribution agreement signed July 24, 2015 (Exhibit 1).
- No “Just Cause” for Termination
- Termination notice (Jan 26, 2022) gave no reason; did not comply with Section 14 of the 2015 agreement.
- Stryker shipped products for over a year after notice, then abruptly refused all orders (May 2023).
- Constitutes wrongful termination and impairment under Law 75.
- Law 75 Preliminary Injunction Standard (Liberal / Pro-Dealer)
- Does not require irreparable harm or high probability of success.
- Court weighs:
- Public policy (protect local distributors)
- Dealer status (undisputed)
- Balance of interests/equities
- Courts favor continuation of dealerships.
- Balance of Equities Strongly Favors RMC
- Harm to RMC: loss of goodwill, reputation, unsold inventory, inability to serve customers.
- Harm to Stryker: none—would resume profitable sales in a market RMC created.
- Public interest: Puerto Rico surgeons and patients deprived of critical implants (supported by letters from 39+ surgeons, including UPR School of Medicine Director—Exhibits 2 & 3). Surgeons forced to use riskier alternatives or delay procedures.
Conclusion
- Grant the injunction to:
- Stop ongoing violation of Law 75.
- Prevent further irreparable harm to RMC, its reputation, and Puerto Rico patients.
- Maintain the status quo until the case is decided on the merits (RMC seeks $4.9 million+ in damages).
