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United States First Circuit


Lupu v. Wyndham el Conquistador Resort & Golden Door Spa, 07-1659

In an action against a former employer for termination of employment in violation of Puerto Rico statutes, summary judgment for employer is affirmed where: 1) plaintiff's allegations of employer's violation of Puerto Rico's Act No. 115, prohibiting retaliation against certain defined whistleblowers, stretched the statutory language beyond any fair reading; 2) based on undisputed facts, plaintiff could not make out a factually supportable negligence claim under Article 1802, P.R. Laws Ann. Tit. 31, section 5141.

Appellate Information

  • Decided 04/30/2008
  • Published 04/30/2008

Judges

  • LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, and KEENAN, Senior District Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Juan M. Frontera-Suau, for appellant.

  • For Appellees:
  • Edwin J. Seda-Fernandez with whom Patricia R. Limeres-Vargas and Adsuar Muñiz Goyco Seda & Pérez-Ochoa, P.S.C. were on brief for appellee.
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