United States First Circuit

In a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA) and Puerto Rico's general tort statute known as Article 1802, in which the jury found for the plaintiff, the district court's denial of the defendant's motion for judgment as a matter of law and motion for a new trial is affirmed, where: 1) the evidence presented at trial was enough to support the jury's finding of retaliation; 2) the appellants waived defenses based on the statute of limitations, the exclusive remedies bar, and a purportedly erroneous jury instruction; 3) the evidence was sufficient for a reasonable jury to find the requisite fault or negligence to sustain an Article 1802 claim; and 4) the awards of damages and attorney fees were proper.

Appellate Information

• Decided 01/26/2012
• Published 01/26/2012

Judges

• Howard

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gregory T. Usera, Enrique J. Mendoza Méndez