Oliveras-Zapata v. Univision Puerto Rico, Inc.
Oliveras-Zapata v. Univision Puerto Rico, Inc.
Opinion of the Court
ORDER
Following a trial on the merits, the jury in this- case returned a verdict against defendant Univision Puerto Rico, Inc. (“Univision”) on plaintiff Gerardo Oliver-as-Zapata’s (“Oliveras”) retaliation claims brought under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., Title VII of the Civil Rights Act of 1964 (“Title VII”),' 42 U.S.C. §§ 2000e et seq.-, and Puerto Rico’s Law No. 115 of December 20,1991 (“Law 115”), 29 L.P.R.A. §§ 194 et seq. In- accordance with the jury’s verdict, judgment was entered in favor of Oliveras in the amount of $3,299,998.00.
1. Univision first contends that the evidence at trial was insufficient to establish liability for retaliation under federal and Puerto Rico law. In assessing a Rule 50(b) challenge .to the sufficiency of evidence to support a jury verdict, the court “must ask whether, viewing the evidence in the light most favorable to the verdict, a rational jury could have found in
2. Univision also moves for a new trial pursuant to Rule 59. Under Rule 59, “[t]rial judges have more leeway to grant new trials than to set aside verdicts based on insufficiency of the evidence under Rule 50. They may consider their view of the credibility of the witnesses in doing so, but must be careful not to invade the jury’s province.” Valentín-Almeyda, 447 F.3d at 103. “And they may grant a new trial only if they are convinced that the verdict is against the clear weight of the evidence, such that letting it stand would result in a miscarriage of justice.” Id. However, a “trial judge may not upset the jury’s verdict merely because he or she might have decided the case differently.” Velazquez v. Figueroar-Gomez, 996 F.2d 425, 428 (1st Cir. 1993). In the end, the decision to grant a new trial is left to the sound discretion of the trial judge. Allied Chemical Corp. v. Daiflon, Inc., 449 U.S. 33, 36, 101 S.Ct. 188, 66 L.Ed.2d 193 (1980). In this case, although the evidence at trial certainly could have supported a verdict in Univision’s favor, it does so clearly weigh in Univision’s favor that letting the verdict stand would result in a miscarriage of justice. The motion for a new trial under Rule 59 is therefore DENIED.
3. In the alternative, Univision seeks remittitur, arguing that the damáges awarded are excessive. However, a jury’s award may not be overturned “unless it is grossly excessive or so high as to
4. Univision also seeks reduction of the jury’s $300,000 award for backpay, noting that Oliveras’s own testimony and the closing argument of Oliveras’s attorney calculated his back pay at the amount of $255,593, and that there was no evidence by which the jury could determine a greater amount. With respect to economic damages such as backpay, “the jury is free to select the highest figures for which there is adequate evidentiary support.” Mercado-Berrios v. Cancel-Alegria, 611 F.3d 18, 29 (1st Cir. 2010) (quotation and citation omitted). Here, however, the evidentiary record supports no higher number for backpay than the number argued by plaintiffs counsel during closing arguments. Since the higher award of $300,000 is unsupported by the evidence, I therefore grant Univision’s motion for a new trial as to the issue of backpay conditioned on Oliveras’s declining to remit $44,407 of the amount awarded by the jury (and subject to tripling the award pursuant to Puerto Rico’s Law 115 and 29 U.S.C. 626(b)).
By May 7, 2012, Oliveras shall inform whether he accepts the lowered damages awards as determined in paragraphs 3 and 4 above.
. Specifically: (1) compensatory/punitive damages under Title VII for $200,000 ($1/-$199,999); (2) compensatory damages under Law 115 for $2,199,998 ($1,099,999 x 2); and (3) backpay under ADEA and Law 115 for $900,000 ($300,000 x 3).
. Univision spills a great deal of ink in its 102-page motion arguing that Oliveras failed to establish a prima facie case, which, as the First Circuit has noted, “is not the correct focus at this juncture.” Munoz v. Sociedad Española de Auxilio Mutuo y Beneficiencia de P.R., 671 F.3d 49, 55-56 (1st Cir. 2012). Univision is correct, however, in noting that in a retaliation claim, the required proof of a causal connection is lacking when the complained-of adverse employment action precedes the protected activity, see Sabinson v. Trs. of Dartmouth Coll., 542 F.3d 1, 5 (1st Cir. 2008), and when the adverse employment action "was contemplated but 'not definitively determined’ before the protected activity took place.” Munoz, 671 F.3d at 56, citing Clark Cnty. Sch. Dist. v. Breeden, 532 U.S. 268, 272, 121 S.Ct. 1508, 149 L.Ed.2d 509 (2001). Here, however, the protected activity (complaining about discrimination) preceded the adverse action (discharge from employment) by severed months. Moreover, although there was substantial evidence that Univision was less than completely satisfied with Oliveras’s performance prior to his complaint about discrimination, the jury could have reasonably concluded, based its weighing of all the evidence, that retaliation for bringing those claims was the reason he was ultimately fired.
. Oliveras cites the First Circuit's recent decision in Munoz, which upheld the district court’s decision not to grant remittitur on a jury’s award of $1,000,000 for emotional distress damages. 671 F.3d at 61-62. Únivision, for its part, cites several cases in which the court found emotional distress damages to be valued at much less than the $500,000 figure I adopted above. Although such case law is useful .to a limited extent for comparison purposes, the court must make its determination based on the specific evidence and circumstances in the case before it, which is what I have done in this case.
Reference
- Full Case Name
- Gerardo OLIVERAS-ZAPATA v. UNIVISION PUERTO RICO, INC.
- Cited By
- 2 cases
- Status
- Published