MUÑOZ v. SOCIEDAD ESPAÑOLA DE AUXILIO MUTUO

No. 08-1887.

671 F.3d 49 (2012)

José Alfonso Serrano MUÑOZ, Plaintiff, Appellee, v. SOCIEDAD ESPAÑOLA DE AUXILIO MUTUO Y BENEFICIENCIA DE PUERTO RICO; Hospital Español De Auxilio Mutuo De Puerto Rico, Inc.; Ángel Cocero-Sanchéz; Urbano Rico-Molinero; Ramón Delgado-Ruibal; Moisés Suárez; Valentín Valderrábano; Miguel Echenique; Alfredo Heres; Emilio Torres Antuñano, Defendants, Appellants, Iván Colón; Enrique Fierres; José Isado, Defendants.

United States Court of Appeals, First Circuit.

Decided January 26, 2012.


Attorney(s) appearing for the Case

Gregory T. Usera , with whom Pedro E. Giner-Dapena and Usera Morell BauzáDapena & Cartagena were on brief, for appellants.

Enrique J. Mendoza Méndez , with whom Cesar T. Andreu Megwinoff and Alvaro R. Calderon, Jr. were on brief, for appellees.

Before LIPEZ, BALDOCK and HOWARD, Circuit Judges.


HOWARD, Circuit Judge.

This is a retaliation case under the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 623(d) (2006), and Puerto Rico's general tort statute known as Article 1802, P.R. Laws Ann. tit. 31, § 5141 (2008). In 1998, Dr. José Alfonso Serrano Muñoz sued his employer Auxilio Mutuo Hospital in a Puerto Rico court, alleging that the hospital had discriminated against him because of his age. In 2004, one day after Serrano...

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