Dan Burton, Co-Author Of Libertad Act (Helms-Burton), & Former Senator Robert Torricelli (Cuban Democracy Act) File Brief Against Carnival Corporation
/On 24 February 2020, a former member of the United States House of Representatives, The Honorable Dan Burton (R- Indiana from 1983 to 2013), and a former member of the United States House of Representatives and the United States Senate, The Honorable Robert Torricelli (R- New Jersey from 1983 to 1997 and 1997 to 2003), filed a twenty-seven (27) page Amici Curiae in support of the plaintiffs in a Libertad Act lawsuit filed against Miami, Florida-based Carnival Corporation.
Mr. Burton is co-author of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act” and “Helms-Burton”) with The Honorable Jesse Helms (R- North Carolina), a member of the United States Senate from 1973 to 2003. Senator Torricelli is the author of the Cuban Democracy Act of 1992.
JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725-JLK; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)
MOTION OF FORMER CONGRESSMEN DAN BURTON AND ROBERT TORRICELLI FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFF AND SUPPORTING MEMORANDUM OF LAW
Excerpt:
Dan Burton and Robert Torricelli, former Members of the United States Congress, hereby move, pursuant to Rule 7.1 of the Local Rules of the U.S. District Court for the Southern District of Florida, to file an Amicus Curiae Brief in support of the Plaintiffs Opposition to the Defendant Carnival's Motion for Judgment on the Pleadings.
Mr. Burton is a former Republican Member of the U.S. House of Representatives, and was the lead House co-sponsor of the Helms-Burton law, also known as the Cuban Liberty and Democratic Solidarity (Libertad) Act of 1996 ("Helms-Burton Act"). He was also the Chairman of the Western Hemisphere Subcommittee of the House Committee on International Relations at the time the law was enacted.
Mr. Torricelli is a former Democratic Member of the House and U.S. Senate, who was an original co-sponsor and floor leader for the Helms-Bur ton Act in the House in 1995-96. Amici have unique insights and perspectives that will aid the Court in interpreting the statute and discerning Congressional intent with respect to the defense argument that the Plaintiff cannot pursue his claim under Title III because he inherited it after March 12, 1996. The proposed Amicus Curiae Brief is attached as Exhibit A.
CARNIVAL CORPORATION’S RESPONSE IN OPPOSITION TO MOTION OF FORMER CONGRESSMEN DAN BURTON AND ROBERT TORRICELLI FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFF
Excerpt:
The Brief of the Proposed Amici is untimely, fails to comply with basic requirements of federal rules governing amicus briefs, is inappropriate under the circumstances, and does nothing to aid the Court in understanding the position of Plaintiff Javier Garcia-Bengochea (“Bengochea”), on whose behalf it is being filed. This Court should deny the motion.
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