Escribano-Reyes v. Professional HEPA Certificate Corp.

LYNCH, Circuit Judge.

Carlos Escribano-Reyes’s (“Escribano”) discrimination and retaliation suit against his employer, Professional HEPA Certificate Corp. (“HEPA”), ended in summary judgment for HEPA and a sanction order against Escribano’s counsel for filing a “sham affidavit” after he received repeated warnings in earlier cases not to do so.

As to the summary judgment order, Es-cribano first argues that, the district court erred in striking, under the sham affidavit doctrine, a post-discoveiy sworn statement that Escribano had submitted in his opposition to HEPA’s motion for summary judgment.…