From The Court: “The parties do not dispute that the questions presented are issues of first impression in this Circuit and across the country. However, the Court disagrees with Defendant’s assertion that the course of the instant litigation supports the existence of substantial ground for dispute that warrants interlocutory appeal. To be sure, the issues raised and addressed during these proceedings have presented difficult questions of law in an area where authority is entirely lacking. This Court has extensively grappled with these issues in order to arrive at the correct conclusion. Nonetheless, as detailed extensively in the Order on Reconsideration, the Court granted reconsideration in large part because of the Eleventh Circuit’s reasoning in Glen v. Club Mediterranee S.A., 450 F.3d 1251 (11th Cir. 2006), which made clear that the Cuban Government’s confiscation of property extinguished any and all ownership rights of those who owned the property prior to the expropriation. Thus, while Defendant disagrees with the result reached in the Order on Reconsideration, this Court remains unconvinced that this disagreement, even in light of the procedural history of the instant action, demonstrates a substantial ground for difference of opinion sufficient to overcome the high threshold of § 1292(b).”

HAVANA DOCKS CORPORATION V. NORWEGIAN CRUISE LINE HOLDINGS, LTD. [1:19-cv-23591; Southern Florida District]

Colson Hicks Eidson, P.A. (plaintiff)

Margol & Margol, P.A. (plaintiff)

Hogan Lovells US LLP (defendant)

LINK To Norwegian’s Reply In Support Of Motion To Dismiss Amended Complaint (6/22/20)

LINK To Court Order (6/23/20)

LINK To Norwegian’s Motion For Certification For Interlocutory Appeal (4/24/20)

Four Cruise Lines File Motions Seeking To Appeal To The 11th District Court Of Appeals (29 April 2020)