José Enrique Colón Santana

Attorney - Public Notary

Practice Areas

"Facing a legal controversy requires clarity of mind, determination, and a willingness to serve. Our Firm provides and complies with these three standards of professional service."

Attorney Colón-Santana has an extensive litigation experience in the courts of Puerto Rico, the federal District Court for the District of Puerto Rico, and the First Circuit Court of Appeals and has appeared in request and in opposition, before the US Supreme Court. Attorney Colón-Santana has had an extensive notarial, banking, and mortgage law practice.

Some significant cases:

Sonia Figueroa Ferrer v. ELA, 107 DPR 250 (1978) Sustained that prohibitions to divorce by mutual consent were constitutionally void.

Aledo-García v. Puerto Rico National Guard Fund 887 F.2d 354 (1st Cir. Boston) Labor Law-Determined the retroactive application of amendments to an age discrimination law.

Hilda Rodriguez v Smithkline Beecham, 224 F 3d 1, 90 Fair Empl. Prac. Cas (BNA), 1530, 141 Lab Cas P 34, 140. Labor Law-Female pharmaceutical company employee brought action against company, alleging sex discrimination in violation of Title VII and the Equal Pay Act (EPA). The United States District Court for the District of Puerto Rico, Jaime Pieras, Jr., Senior District Judge, 62 F.Supp.2d 374, entered summary judgment for company. Employee appealed. The Court of Appeals, Torruella, Chief Judge, held that: (1) female employee failed to make prima facie showing that she was paid less than a male employee for substantially equal work, thus defeating Equal Pay Act (EPA) and Title VII wage discrimination claims; (2) Title VII failure to promote claim was time-barred; and (3) district court did not abuse its discretion in excluding testimony of employee’s proposed expert.

Federación de Maestros v Acevedo Vila, 545 F.Supp.2d 219, 232 Ed. Law Rep. 648 Labor Law-Puerto Rico teachers’ union and its members filed complaint for injunctive and declaratory relief under civil rights statutes, First, Fifth and Fourteenth Amendments, and Declaratory Judgment Act, alleging they were unable to reach agreement following expiration of collective bargaining agreement (CBA) because Secretary of Education had refused, with deliberate knowledge of Governor of Puerto Rico, to obey judicial determinations sustaining his willfulness to refuse to negotiate mandatory areas. The District Court, 545 F.Supp.2d 207, 2008 WL 943597, issued amended order to show cause as to abstention.

García Ledesma v Oro Centro, 10-cv-01577, 2012 WL 1032466. Labor Law-plaintiff claimed employment termination was discriminatory based on color, handicap. Defendant vigorously contended it did not. Case settle for nuisance value.

Santana Caraballo v Lares Medical Center USDC-PR. 11-cv-01562 Labor Law-Plaintiff claimed employment termination was discriminatory and demanded termination compensation and restitution. Judge Casellas presiding, dismissed on all grounds.

Rivera Velazquez v Scotiabank 11-cv-01560 Servicemen Act Plaintiff claimed that loan was cancelled and notified in violation of the act in protection of military personnel in active service.

Carrasco v. Secretary of Health 628 F.2d 624 (1er Cir.1980). Declared unconstitutional and discriminatory the federal social security law as applied to females in community property jurisdictions.

Vicéns v. UPR, 117 D.P.R. 771 (1886). Declared the illegality of the admission practices of the University High School.

A. M. Capen’s v American Trading and Production Co., 202 F. 3d 469(Feb. 2000) (1st Cir. Boston) (Cert denied) Sustained that Law 75, distributor laws of Puerto Rico do not apply to a non resident plaintiff.

Soto v. Flores, 103 F. 3d 1056 (1sr Cir. Boston, 1997) Provided the guidelines to review and apply in cases regarding discrimination against women in domestic violence cases.

Martinez v Gonzalez Droz, 2011 TSPR 3. Declare contrary to Puerto Rico’s public policy an agreement for compulsory arbitration of a malpractice claim, between a patient and her doctor.

Commercial Arbitration: Our office has litigated commercial and construction law arbitration under UNCITRAL, and labor laws under AAA.

Other Professional achievements:

President of UPR General Student Council; President of UPR Law school Student Council.

Member of the World Council in Solidarity with the People of El Salvador, based in Mexico, 1983-1984.

President of Puerto Rico’s Solidarity Committee with El Salvador. 1980-1986

Coordinator of Roberto Clemente Brigades that provided volunteer to poor communities in Nicaragua. 1982-1986.

President of Puerto Rico Bar Association San Juan’s Chapter 1998-2000; 2010-2012

Member of Puerto Rico Bar Association Governing Board 2000-2002.

Delegate of Puerto Rico Bar Association to the United Nations.

In charge of negotiations with Colombian Guerilla, Ejército de Liberación Nacional, to liberate kidnapped Puerto Rican female, Rosa de la Cruz who was set free on September 23, 1999.

Author of: Una Puertorriqueña Secuestrada en Colombia: Relato de la Liberación de Rosa de la Cruz. Forsa Editores, 2010.

Author of the Awarded novel Báthika: Engendro de la Fortuna.

Member of the Puerto Rico Legal Services Corporation’s Board of Directors
2002-2003

Member of Salón Literario Libroamérica, Inc.’s Festival de la Palabra de Puerto Rico, Board of Directors 2010-2012

Member of the Commission to Review the First Instance Court Marshall’s Rules and Regulations. 2009.

Invited as member of the Puerto Rican Delegation to the Third Festival de la Palabra 2012

Recognized as Bar Member of the Year in 2012 for the Ilustre Colegio de Abogados y Abogadas de Puerto Rico

Received from the Club de Ex Presidentas, the Abelardo Diaz Alfaro’s award in 2013.

Vice President of the Board of the “Fondo para el Acceso a la Justicia de Puerto Rico”. 2013-2017.

President of the Board of the “Fondo para el Acceso a la Justicia de Puerto Rico”. 2016-2019.

“Member Comité Especial para Iniciar el Proceso de Residencia del Gobernador de Puerto Rico julio 2019” Designated by House President Hon. Carlos Mendez.

Panelista, junta a la Ex Administradora de Tribunales, Sonia Velez Colon, Ex Presidenta del Tribunal Supremo, Fiol Matta, Decano Esc Derecho Universidad Católica; julio de 2020; II Certificación en Responsabilidad Pública y Gobernanza: Capacitación para el Liderato y la Acción Política. Universidad Católica de Ponce.

Education

B.A in Sociology, Social Sciences Faculty, University of Puerto Rico, Río Piedras Campus, 1968-1972; Juris Doctor, University of Puerto Rico, 1972-1975. Continuing Legal Education seminars regarding our practice of the Law.

Professional Organizations

Colegio de Abogados y Abogadas de Puerto Rico (Puerto Rico Bar Association), Asociación de Notarios de Puerto Rico Inc. American Bar Association.

Languages

Spanish, English & Basic Italian

Born

Puerto Rico, 1950