Cassation Ruling: Supreme Court rejected cassation by Las Margaritas

On April 5, 2024, the Civil Chamber of the Supreme Court of Justice rejected the cassation appeal filed by Avícola Las Margaritas, S.A. The plaintiff sought to overturn a prior ruling that dismissed its claim for damages and moral harm allegedly caused by Lisa, S.A. through abusive litigation and a smear campaign. The Chamber held that the plaintiff failed to demonstrate the existence or quantification of any actual damage.

The appeal was based on alleged errors of fact in the lower court’s evaluation of key evidence, including a forensic accounting certification and foreign court documents. However, the Supreme Court found that these documents, even if omitted from analysis, would not have altered the outcome. The Court concluded that the evidentiary omissions were not sufficiently substantial and imposed costs and a Q500 fine on the appellant.