Plaintiff Files Second Amended Complaint Against Pernod Ricard In Libertad Act Lawuit

MARLENE CUETO IGLESIAS AND MARIAM IGLESIAS ALVAREZ V. PERNOD RICARD [1:20-cv-20157; Southern Florida District]

IPS Legal Group, P.A. (plaintiff)
Law Offices of Andre G. Raikhelson LLC (plaintiff)
Ainsworth & Clancy PLLC (plaintiff)
Carlton Fields P.A. (defendant)
Carlton Fields Jorden Burt, P.A. (defendant)

Second Amended Complaint For Damages (31 August 2020)
Exhibit 1 (31 August 2020)
Exhibit 2 (31 August 2020)

Excerpts:

9. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction), because Plaintiffs’ claims arises under 22 U.S.C. § 6021, et seq., and the amount in controversy exceeds the sum or value of $50,000, exclusive of interest, costs, and attorneys’ fees.

10. This Court has personal jurisdiction over Defendant under Fla. Stat. § 48.193(1)(a)(1), 48.193(1)(a)(2), 48.193(1)(a)(6)(a) and 48.193(2) because it maintains and carries on continuous and systematic contacts with Florida, regularly transacts business within Florida, regularly avails itself of the benefits of its presence in Florida.

11. Venue is proper in this District under 28 U.S.C. § 1391(a)(l), because Defendant reside or are deemed to reside in the Southern District of Florida under 28 U.S.C. §§ 1391(c)(2) and (d).

Oak barrels used in the distillery industry have a sustainable life of 100 years of aging production. As commonly known in the distillery industry, oak barrels are re-used time and time again to age spirits.

22. The Havana Club rum, aged to perfection in oak barrels seized by the Cuban Government, was then sold nationally and internationally by the Cuban Government, by and through Cuba Ron, S.A. Upon information and belief, Havana Club rum continues to be aged in the seized barrels which continues to be sold internationally by and through Cuba Ron, S.A. and Defendant.

23. Fernando Tomas Cueto Sanchez passed away on December 8, 1979. At the time of his death, his assets, including rightful ownership to Conac Cueto and the Subject Property, passed from Fernando Tomas Cueto Sanchez to Plaintiff Alvarez through intestate inheritance. The Cueto family believed that Conac Cueto and the Subject Property would eventually pass from Plaintiff Alvarez to Plaintiff Cueto through gift or inheritance. When Plaintiff Cueto reached the age of majority, Plaintiff Alvarez gifted Plaintiff Cueto with 100% ownership interest in Conac Cueto and the Subject Property on September 2, 1986.

As a publicly traded company, and in the exercise of corporate due diligence, Defendant knew or should have known that Havana Club and all associated assets of the Cuban Government were systematically seized by Cuban nationals in the 1950s and 1960s and subsequently nationalized by the Cuban Government.

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