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Juan C. Pag_n-Col_n; Ada I. Renta-Bonilla v. Walgreens of San Patricio, Inc

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Before Lynch, Chief Judge, Torruella and Lipez, Circuit Judges.

This case arises from the termination of the plaintiff-appellee, Juan Pag_n-Col_n, from his job as an assistant manager at a Walgreens store in Juana D_az, Puerto Rico. Although the parties disagree as to the reason for Pag_n’s termination, there is no dispute that he was fired after a two-week absence from his job due to a medical condition that required one week of hospitalization and another week of recuperation. Following Pag_n’s termination, he and his wife, Ada Renta-Bonilla, brought claims in federal district court against Walgreens alleging that he was fired in retaliation for conduct protected by the Family Medical Leave Act (“FMLA”), 29 U.S.C. __ 2601-54; that his termination was wrongful under Puerto Rico law; and that the loss of Pag_n’s job caused Renta to suffer emotional distress compensable under Puerto Rico law. After the district court granted summary judgment for Walgreens on Renta’s claim and the plaintiffs voluntarily dismissed the other Puerto Rico law claim, the FMLA claim went to trial and a jury found in Pag_n’s favor, awarding compensatory damages.

On appeal, Walgreens argues that it was entitled to judgment as a matter of law on the FMLA claim and that the district court erred in denying a Federal Rule of Civil Procedure 59(e) motion to amend the judgment. In turn, Pag_n and Renta argue that the court erred in denying liquidated damages on the FMLA claim and in granting Walgreens summary judgment on Renta’s Puerto Rico law claim.

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