How Does CMA CGM Of France Know That European Commission (EC) Will Issue Decision For Libertad Act Lawsuits “in a much shorter period of time than with the prior applicants”?
/Iberostar Hoteles Waiting On EC For Fifteen Months
Imperial Brands LLC Waiting On EC For Thirteen Months
Imperial Brands LLC Received Authorization From UK In Five Months
CMA CGM Waiting On EC For One Month
From Court Filing (9/20/21): "CMA CGM S.A. is entangled between two conflicting legal systems and therefore AMERICA seeks a stay until thirty (30) days after CMA CGM S.A. receives authorization from the EU... The duration of the requested stay is reasonable and will be further limited if Defendant’s request for authorization is granted prior to the stay’s expiration date... The European Commission has received at least two comparable requests for authorization to participate in lawsuits under the Helms-Burton Act. The two requests are currently pending before the European Commission and have been pending for at least 17 months. Given the circumstances and overlapping policy considerations, AMERICA anticipates that the European Commission will act on its authorization in a much shorter period of time than with the prior applicants."
From Court Filing (9/20/21): There are currently two such requests pending from other cases filed under the Helms-Burton Act in the United States District Court for the Southern District of Florida. The Honorable Robert N. Scola Jr. and the Honorable Darrin P. Gayles both granted motions to stay the proceedings under similar circumstances. See Order Granting Iberostar’s Motion to Stay, Marti v. Iberostar Hoteles y Apartamentos S.L., No. 20-CV-20078-Scola (S.D. Fla. Apr. 24, 2020), [D.E. 17]; Paperless Order Granting Motion to Stay, Rodriguez et al. v. Imperial Brands PLC, et al., No. 20-CV-23287-Gayles (S.D. Fla. Sept. 23, 2020), [D.E. 49].
From Court Filing (9/20/21): The Commission is actively considering these requests. Just two weeks ago, the Secretary General of the European Commission issued a report specifically confirming the Commission is currently assessing an application for authorisation in one of the two cases stayed in the Southern District of Florida.
The Trump Administration on 2 May 2019 made operational Title III of the Cuban Liberty and Democratic Solidarity Act of 1996 (known as “Libertad Act”). Title III authorizes lawsuits in United States District Courts against companies and individuals who are using a certified claim or non-certified claim where the owner of the certified claim or non-certified claim has not received compensation from the Republic of Cuba or from a third-party who is using (“trafficking”) the asset. Thus far forty-two (42) lawsuits have been filed (15 certified claimants & 27 non-certified claimants). Ten (10) defendants have headquarters within members of the twenty-seven (27) member European Union (EU). LINK To Libertad Act Title III Lawsuit Filing Statistics
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL; EMMA RUTH BLANCO, in her personal capacity, and as Personal Representative of the ESTATE OF ALFREDO BLANCO ROSELL, JR; HEBE BLANCO MIYARES, in her personal capacity, and as Personal Representative of the ESTATE OF BYRON BLANCO ROSELL; SERGIO BLANCO DE LA TORRE, in his personal capacity, and as Administrator Ad Litem of the ESTATE OF ENRIQUE BLANCO ROSELL; EDUARDO BLANCO DE LA TORRE, as Administrator Ad Litem of the ESTATE OF FLORENTINO BLANCO ROSELL; LIANA MARIA BLANCO; SUSANNAH VALENTINA BLANCO; LYDIA BLANCO BONAFONTE; JACQUELINE M. DELGADO; BYRON BLANCO, JR.; MAGDALENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE; Plaintiffs, v. CMA CGM S.A. (a/k/a CMA CGM THE FRENCH LINE; a/k/a CMA CGM GROUP); CMA CGM (AMERICA) LLC. [1:21-cv-22778; Southern Florida District]
Berliner Corcoran & Rowe LLP (plaintiff)
Horr, Novak & Skipp P.A. (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Defendant CMA CGM (America) LLC’s Motion To Stay Proceedings Pending International Request (9/20/21)
Libertad Act Title III Lawsuit Filing Statistics
LUIS MANUEL RODRIGUEZ, MARIA TERESA RODRIGUEZ, a/k/a MARIA TERESA LANDA, ALFREDO RAMON FORNS, RAMON ALBERTO RODRIGUEZ, RAUL LORENZO RODRIGUEZ, CHRISTINA CONROY, and FRANCISCO RAMON RODRIGUEZ, Plaintiffs, v. IMPERIAL BRANDS PLC, CORPORACIÓN HABANOS, S.A., WPP PLC, YOUNG & RUBICAM LLC, and BCW LLC, a/k/a BURSON COHN & WOLFE LLC [1:20-cv-23287; Southern Florida District].
Berenthal & Associates (plaintiff)
Rodriguez Tramont & Nunez (plaintiff)
Nelson Mullins (defendant)
Allen & Overy (defendant)
Wilmer Cutler Pickering Hale and Dorr (defendant)
Broad & Cassel (defendant)
Akerman (defendant)
Trenam, Kemker, Scharf, Barkin, Frye, O’Neill & Mullis (defendant)
Rabinowitz, Boudin, Standard, Krinsky & Lieberman (defendant)
Strook & Strook & Lavan (defendant)
Defendant Imperial Brands PLC’s Fifth Status Report (2/8/21)
Defendant Imperial Brands PLC’s First Status Report (10/23/20)
STATUTORY INSTRUMENTS 2021 No. 132 PROTECTION OF TRADING INTERESTS TRADE
The Protection of Trading Interests (Authorisation) Regulations 2021
Made at 9.00 p.m. on 5th February 2021
The Secretary of State makes the following Regulations in exercise of the powers conferred by Article 5, second paragraph, point (a), of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom(1).
Citation
1. These Regulations may be cited as the Protection of Trading Interests (Authorisation) Regulations 2021.
Interpretation
2. In these Regulations, “the Helms-Burton Act” means the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996(2).
Authorisation to comply with Title III of the Helms-Burton Act
3. The person specified in Part 1 of the Schedule is, for the purpose specified in Part 2 of the Schedule, authorised to comply with any requirement or prohibition based on or resulting from Title III of the Helms-Burton Act(3) (protection of property rights of United States nationals). (1) EUR 1996/2271, amended by S.I. 2020/1660. EUR 1996/2271 was incorporated into domestic law at 11 p.m. on 31st December 2020 under section 3 of the European Union (Withdrawal) Act 2018 (c. 16). (2) 22 U.S.C. §§ 6021-6091. (3) Title III of the Helms-Burton Act is codified in 22 U.S.C. §§ 6081-6085.
Signed by authority of the Secretary of State for International Trade At 9.00 p.m. on 5th February 2021
Ranil Jayawardena, Parliamentary Under Secretary of State Department for International Trade
SCHEDULE Regulation 3- Authorisation to file motion to dismiss
PART 1 Authorised person Imperial Brands plc(4)
PART 2 Authorised purpose
Filing and litigating a motion to dismiss the complaint brought before the federal judiciary of the United States of America under Title III of the Helms-Burton Act in which Imperial Brands plc is named as a defendant (case number 1:20-cv-23287-DPG).
EXPLANATORY NOTE (This note is not part of the Regulations)
These Regulations, which come into force at the time they are made, authorise compliance by a specified person, for a specified purpose, with a requirement or prohibition referred to in the first paragraph of Article 5 of Council Regulation (EC) No 2271/96 of 22 November 1996 protecting against the effects of the extra-territorial application of legislation adopted by a third country, and actions based thereon or resulting therefrom (EUR 1996/2271, amended by S.I. 2020/1660). The law of the United States of America referred to in these Regulations may be found online at https://uscode.house.gov/. A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary, or public sector is foreseen.
(4) Imperial Brands plc is a public limited company registered in England and Wales (company number 3236483).
MARIA DOLORES CANTO MARTI, AS PERSONAL REPRESENTATIVE OF THE ESTATES OF DOLORES MARTI MERCADE AND FERNANDO CANTO BORY V. IBEROSTAR HOTELES Y APARTAMENTOS SL [1:20-cv-20078; Southern Florida District]
Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)
