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Decisions in Civil Rights, Contracts, and RICO Matters

By FindLaw Staff on May 05, 2010 | Last updated on March 21, 2019

Roman v. Potter, No.09-1600, concerned a plaintiff's Title VII retaliation claims and claims under the Family Medical Leave Act against the United States Postal Service management in San Juan, Puerto Rico.  Because, even under the most generous interpretation of Title VII towards plaintiff, her claims fail, as well as her FMLA claims, summary judgment in favor of defendants is affirmed.     

In St. Paul Fire & Marine Ins., Co. v. VDE Corp., No. 08-2576, the court faced a challenge to the district court's grant of summary judgment in favor of the plaintiff releasing it from its obligations under a construction performance bond.  In finding that the defendant materially breached the bond by insisting that plaintiff could not employ the contractor contrary to the plain language of Paragraph 4.2 of the Bond, the court affirmed the district court's summary judgment in favor of the plaintiff.     

Puerto Rico Am. Ins. Co. v. Rivera-Vazquez, No. 08-2012, concerned a suit brought by nine insurance companies against hundreds of defendants, under RICO and Puerto Rico anti-fraud statute, claiming a wide-ranging scheme to defraud the insurers by submitting false automobile insurance claims.  The court held that the district court's entry of summary judgment against a husband and wife must be vacated as it abused its discretion in denying defendants' Rule 36 motion and cross-motions for summary judgment by applying materially different procedural requirements to the two motions.      


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