James D. Noel

E-mail address:  jdn@mcvpr.com
Phone number:  (787) 250-5673
Fax number:  (787) 759-2760

James D. Noel is a Capital Member in the Labor and Employment Law Practice Group.

Practice Areas

Since he started practicing law, Mr. Noël has been involved in litigating tort, contract, product liability, advertisement, construction, workers compensation, employee benefits, taxes and employment law cases. For the last decade his main area of litigation involves the field of labor and employment law, concentrating in exclusively representing employers in matters before local and federal agencies and courts. He has also handled matters requiring expertise involving laws such as: The Railway Labor Act; the National Labor Relations Act; the Federal Arbitration Act; the Fair Labor Standards Act; Puerto Rico Minimum Wage, Vacation and Sick Leave Act; Puerto Rico Wage and Hour Laws and Mandatory Decrees; the Employee Retirement Income Security Act (ERISA); and the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). He has also been counsel in cases before the United States District Court for the Southern District of Florida and the United States District Court for the Central District of California.

In addition to litigation, Mr. Noël has carried out employment and labor law due diligence for the purchase or sale of businesses in Puerto Rico, as well as labor and employment audits.

Education

Franklin & Marshall College, B.A. Government; Catholic University of Puerto Rico, Law School, J.D. Magna Cum Laude

Admissions

Mr. Noël is admitted to practice in the Commonwealth of Puerto Rico, the United States District Court for the District of Puerto Rico, the United States Court of Appeals for the First Circuit and the United States Tax Court.

Memberships

He is a member of the Puerto Rico Bar Association and the Federal Bar Association ("FBA"). He is the Past-President of the FBA, Puerto Rico Chapter; former Treasurer of the Labor and Employment Law Section of the FBA national; Vice-Chairman of the Counsel of Past Presidents of the FBA Puerto Rico Chapter; a Fellow of the Foundation of the FBA; and a member of the Board of the Labor and Employment Section of the FBA.

Representative Cases

• Wage and Hour: Rodriguez v. Iberia Líneas Aéreas de España, 923 F.Supp. 304 (1994), Judgment for our client after a trial on the issue of whether the plaintiff was an exempt employee.
• Discrimination: Ibrahim Arce v. Hotel San Juan y Casino, Case No. 96-0021 (P.R.Sup.Ct. 1998) judgment for defendant after trial on the merits of defamation, unjust discharge and age discrimination claims. Pages v. Iberia Líneas Aéreas de España, 82 F.3d 533 (1996), summary judgment dismissing age discrimination claims. Leon-Nogueras v. University of Puerto Rico, 964 F. Supp. 585 (D.P.R. 1997), summary judgment for our client Cordero v. El Conquistador Resort & Country Club, United States District Court for the District of Puerto Rico, Case No. 96-1160, claims of race, national origin and gender discrimination dismissed through summary judgment in favor of our client. Cordero-Irizarry et al v Sears Roebuck of Puerto Rico, Inc., Consumer Programs Incorporated, et al, United States District Court for the District of Puerto Rico, Civil No. 06-1796 (2007), summary judgment dismissing race, national origin and gender discrimination claims. Alberty Vélez v. Corporación de Puerto Rico para la Difusión Pública, 361 F. 301 (1st Cir. 2004) affirmed judgment dismissing the case, on grounds that the plaintiff was an independent contractor and not an "employee" for purposes of discrimination claims. Rivera Ramos v American Airlines, United States District Court for the District of Puerto Rico, Civil No. 06-1089 (2007), summary judgment dismissing ADA and all other claims. García-Rivera v. Executive Airlines, Inc., Civil No. FDP 05-0251 (P.R.Sup.Ct. 2007), summary judgment dismissing discrimination and other claims, affirmed on appeal (2008).
• Unjust Discharge (Act 80): Caballero v Mova Pharmaceutical, Civil No. CD 95-2745 (P.R.Sup.Ct. 1998) judgment for defendant after a trial on the merits. Rivera v American Airlines, Inc. Civil No. DPE 2006-0131 (P.R.Sup.Ct. 2003), judgment for defendant after trial on the merits.
• Railway Labor Act: International Association of Machinists and Aerospace Workers and District 100 etc. v Compañía Dominicana de Aviación, United States District Court for the Southern District of Florida, Civil No. 87-0321, after trial on request for injunctive relief, judgment for the defendant. Narvaez v. Executive Airlines, United States District Court for the District of Puerto Rico, Case No. 07-1012, judgment dismissing Act 80 claim, based on preemption by the RLA. Crespo v. American Airlines, Case No. EPE 2004-0717 (P.R.Sup.Ct. 2008) (finding that plaintiff's Law 80 claim was preempted by the RLA)
• Defamation, Libel and Slander: Delgado v. El San Juan Hotel & Casino, Civil Case 95- 0306 (P.R.Sup.Ct. 1998), libel and slander, tort and contract claims dismissed through summary judgment; Ortiz Algarin v Federal Express Corp., 56 F. Supp.2d. 172 (USDC PR), partial summary judgment dismissing defamation claim.
• ERISA and COBRA - Mr. Noël has successfully handled sensitive issues in cases before the United States District Court for the District of Puerto Rico, involving issues such as whether a defendant properly gave the initial notice required by COBRA; compliance with qualifying event notices; and compliance with SPD drafting and notice requirements.
• Other: Rivera Guzman v. Ricardo Cruz Distributors, Inc., Civil No. DPE 97-0789 (P.R.Sup.Ct. 1998), summary judgment dismissing claim based on alleged violation of workers compensation leave reservation of employment right. Meléndez v Colon Cora, Civil No. 86-4355 (P.R.Sup.Ct. 1993) judgment for defendant after trial on tort and defamation claims.