Carnival Corporation Obtains Dismissal Of One Libertad Act Lawsuit- Could Be Template For Other Judges; Likely Appeal To 11th Circuit In Atlanta
/JAVIER GARCIA-BENGOCHEA V. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINE, A FOREIGN CORPORATION [1:19-cv-21725; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)
Excerpts:
“Carnival attaches two exhibits to its pleading to show that Plaintiff inherited the claim (if at all1) under a will executed in January 2000 by his cousin Desiderio Parreño, a Costa Rican national (see DE 52-1 at 4), who had previously inherited the certified claim from Albert Parreño (see DE 52-2 at 3). Carnival now moves for judgment on the pleadings under Rule 12(c), arguing that (1) the bequest from Desiderio to Plaintiff was ineffective under Costa Rican law; and (2) Plaintiff did not acquire the claim until January 2000 at the earliest, and thus after the March 1996 cutoff under the Act. See Mot., DE 54.”
“Here, Plaintiff does not dispute that Desiderio Parreño (a Costa Rican national) attempted to transfer his claim under his will to Plaintiff (a U.S. national) after Helms-Burton was enacted on March 12, 1996. As a non-U.S. national, Desiderio had no ability to bring suit under Helms-Burton himself, so transferring his claim to Plaintiff would enable Plaintiff to take advantage of the Helms-Burton remedy. But this appears to be the very thing Congress intended to eliminate by adding § 6082(a)(4)(B) to the Act. Thus, allowing Plaintiff to maintain this suit would frustrate Congress’s stated purpose. As a result, the Court finds that this action is barred under § 6082(a)(4)(B), and that Carnival is entitled to judgment as a matter of law.”
LINK To Order Granting Carnival Corporation’s Motion For Judgement On The Pleadings
Appeal To 11th Circuit Is Next
The plaintiff is expected to appeal to the United States Court of Appeals for the Eleventh District whose headquarters is located in Atlanta, Georgia.
The appeal needs to be filed within thirty (30) days from the date of the judgement.
From The Court: “Established by Congress in 1981, the United States Court of Appeals for the Eleventh Judicial Circuit has jurisdiction over federal cases originating in the states of Alabama, Florida and Georgia. The circuit includes nine district courts with each state divided into Northern, Middle and Southern Districts.”
From The Court: “Although some cases are decided based on written briefs alone, many cases are selected for an "oral argument" before the court. Oral argument in the court of appeals is a structured discussion between the appellate lawyers and the panel of judges focusing on the legal principles in dispute. Each side is given a short time — usually about 15 minutes — to present arguments to the court.
Most appeals are final. The court of appeals decision usually will be the final word in the case, unless it sends the case back to the trial court for additional proceedings, or the parties ask the U.S. Supreme Court to review the case. In some cases the decision may be reviewed en banc, that is, by a larger group of judges (usually all) of the court of appeals for the circuit.
A litigant who loses in a federal court of appeals, or in the highest court of a state, may file a petition for a "writ of certiorari," which is a document asking the Supreme Court to review the case. The Supreme Court, however, does not have to grant review. The Court typically will agree to hear a case only when it involves an unusually important legal principle, or when two or more federal appellate courts have interpreted a law differently. There are also a small number of special circumstances in which the Supreme Court is required by law to hear an appeal. Different types of cases are handled differently during an appeal. Civil Case: Either side may appeal the verdict.”
LINK To United States Court Of Appeals For The Eleventh Circuit
http://www.ca11.uscourts.gov/
