United States First Circuit

In a suit alleging breach of an oral contract following the termination of plaintiff's employment with defendant, denial of defendant's motion for judgment as a matter of law is affirmed where the evidence at trial did not compel a jury finding in defendant's favor. The issue of when, if at all, damages for mental anguish and suffering are recoverable under Puerto Rico law in breach of employment contract actions is certified to the Supreme Court of Puerto Rico. The district court's decision not to order a new trial or remittitur on the pain and suffering damages is affirmed where the damages, if allowable, were not excessive.

Appellate Information

• Decided 08/01/2007
• Published 08/01/2007

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Sheldon H. Nahmod, with whom Arturo Díaz-Angueira, Roberto Feliberti, and Cancio, Nadal, Rivera & Díaz, P.S.C. were on brief, for appellant.


• For Appellees:
  
• Rubén T. Nigaglioni, with whom Rafael Martínez García and Nigaglioni & Ferraiuoli Law Offices P.S.C. were on brief, for appellees.