LafargeHolcim Of Switzerland Settles Libertad Act Title III Lawsuit. First Settlement And First For Certified Claimant. Potential Multi-Million Payout? Who Is Next?
/WILLIAM H. CLAFLIN ET AL V. LAFARGEHOLCIM LTD; INVERSIONES IBERSUIZAS S.A.; HOLCIM TRADING SA (F/K/A) UNION MARITIMA INTERNACIONAL SA; DE RUITER OUDERLANDE B.V.; LAS PAILAS DE CEMENTO S.A.U.; and UNKNOWN SUBSIDIARY OF THE LAFARGEHOLCIM GROUP [1:20-cv-23787; Southern Florida District].
Berliner Corcoran & Rowe LLP (plaintiff)
Roig Lawyers (plaintiff)
Tutan, Rosenberg, Martin & Bellido (defendant)
Fields PLLC (plaintiff)
Wilkie, Farr & Gallagher (defendant)
Plaintiff has 22nd largest certified combined claim (US$$11,686,342.59) -37th Largest Claim CU-1393 (US$7,508,689.96) Helen A Claflin; 181st Largest Claim CU-1394 (US$623,674.31) William H Claflin III; 72nd Largest Claim CU-1395 (US$2,927,190.31) Mary G. Rentschler; 182nd Largest Claim CU-1396 (US$623,674.31) Anne C. Allen; 3953rd Largest Claim CU-1397 (US$3,113.70) John W. Weeks. Defendant is St. Gallen, Switzerland-based LafargeHolcim Ltd. (2020 revenue approximately US$27 billion).
Based upon Libertad Act Title III award criteria, settlement could be annual interest since the asset was expropriated plus treble damages plus attorney fees for a total that could reach US$140 million. Unknown if settlement amount will be disclosed by Plaintiff or Defendant.
With first settlement involving certified claimants (of which there are 5,913), unlikely the Biden-Harris Administration (2021- ) will suspend Libertad Act Title III lawsuits. LINK To Lawsuit Statistics
LINK: Joint Stipulation And Proposed Order Regarding Stay And Tolling Deadlines (5/19/121)
LINK: Joint Stipulation And Proposed Order Regarding Stay And Tolling Deadlines (5/21/21)
LINK: Complaint (9/11/2020)
Damages Sought In Complaint: "WHEREFORE, Plaintiffs respectfully request that judgment be entered in their favor and against Defendants: 1.Awarding Plaintiffs actual damages as provided under the Act, in the amount of the higher of: (a)the current fair market value of the Confiscated Soledad Property in the amount to be proven at trial, presently estimated to be $270 million, which, because this is an FCSC certified claim is trebled pursuant to the Helms Burton Act (22 U.S.C. § 6082(a)(3)) for a total damages award of approximately $810 million, or; (b)the treble of $11,686,342.59, the amount certified by the FCSC, with interest since August 6, 1960, to be proven at trial, which at the FCSC rate of interest of 6% results in a total damages award of approximately $160 million. 2.Awarding Plaintiffs pre-judgment interest as allowed by law; 3.Ordering Defendants to pay Plaintiffs’ reasonable attorneys’ fees and costs incurred in this action pursuant to 22 U.S.C. § 6082(a)(1)(A)(ii);"
Excerpts:
WHEREAS Plaintiffs and LafargeHolcim jointly stipulated on May 19, 2021 to extend LafargeHolcim’s time to respond to the Complaint and stay all deadlines for 5 days;
Plaintiffs and LafargeHolcim participated in a mediation on April 22, 2021 and thereafter reached an agreement in principle to settle this action on May 20, 2021;
WHEREAS, having reached a settlement in principle, Plaintiffs and LafargeHolcim are working to prepare and execute a definitive settlement with the assistance of mediator Judge Layn R. Phillips (ret.), and those efforts remain ongoing;
Other Libertad Act Title III Lawsuits Involving Berliner Corcoran & Rowe LLP
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District].
Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)
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 DIAZ BLANCO, JR.; MAGDELENA BLANCO MONTOTO; FLORENTINO BLANCO DE LA TORRE; JOSEPH E. BUSHMAN; CARLOS BLANCO DE LA TORRE; and GUILLERMO BLANCO DE LA TORRE VERSUS A.P. MOLLER-MAERSK A/S (a/k/a A.P. MOLLER-MAERSK GROUP); MAERSK A/S (a/k/a MAERSK LINE A/S); MAERSK, INC.; and MAERSK AGENCY U.S.A., INC [2:21-cv-00339 Eastern District of Louisiana].
Pusateri, Johnston, Guillot & Greenbaum, LLC (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. CROWLEY MARITIME CORPORATION, Defendant. [3:20-cv-01426 Middle District Florida; Transferred To Florida Southern District 1:21-cv-20443].
Murphy & Anderson, P.A. (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields PLLC (plaintiff)
Law Offices of John S. Gaebe P.A. (plaintiff)
Venable LLP (defendant)
