Four Cruise Lines In Libertad Act Lawsuit Oppose Plaintiff Jury Trial Demand. Trial Scheduled For May 2022. More Motions Expected.
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Defendants Norwegian Cruise Line Holdings Ltd. (“Norwegian”), Carnival Corporation d/b/a Carnival Cruise Line (“Carnival”), MSC Cruises S.A., MSC Cruises SA Co., and MSC Cruises (USA) Inc. (collectively, “MSC Cruises”), and Royal Caribbean Cruises Ltd. (“Royal Caribbean”) (collectively, “Defendants”) hereby respectfully object to the Magistrate Judge’s report and recommendation that the Court deny Defendants’ motion to strike Plaintiff’s Jury Trial Demand (“Report”) (ECF No. 343).1 Both the parties and the Magistrate Judge agree that the Helms-Burton Act, 22 U.S.C. §6021 et seq. (the “Act”), does not confer a statutory right to a jury trial through explicit grant in the plain language of the statute or through its legislative history. Report at 7. Thus, the Court must consider whether Title III comprises the type of claim protected by the Seventh Amendment. The Supreme Court has instructed that the analysis this Court must conduct is to first, “compare the statutory action to 18th-century actions brought in the courts of England prior to the merger of the courts of law and equity” and, second, “examine the remedy sought and determine whether it is legal or equitable in nature.” Granfinanciera, S.A., v. Nordberg, 492 U.S. 33, 42 (1989) (citing Tull v. United States, 481 U.S. 412, 417-418 (1987)). The Supreme Court has held that “[t]he second stage of this analysis is more important than the first.” Id. Defendants’ Motion to Strike Plaintiff’s Jury Demand should be granted, because under both prongs of the Granfinanciera analysis, the Seventh Amendment does not confer Plaintiff a right to a jury trial under Title III of the Helms-Burton Act (the “Act”).
LINKS TO FILINGS
Libertad Act Title III Lawsuit Filing Statistics
HAVANA DOCKS CORPORATION VS. CARNIVAL CORPORATION D/B/A/ CARNIVAL CRUISE LINES [1:19-cv-21724; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Jones Walker (defendant)
Boies Schiller Flexner LLP (defendant)
Akerman (defendant)
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)
HAVANA DOCKS CORPORATION VS. ROYAL CARIBBEAN CRUISES, LTD. [1:19-cv-23590; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Holland & Knight (defendant)
HAVANA DOCKS CORPORATION V. MSC CRUISES SA CO, AND MSC CRUISES (USA) INC. [1:19-cv-23588; Southern Florida District]
Colson Hicks Eidson, P.A. (plaintiff)
Margol & Margol, P.A. (plaintiff)
Venable (defendant)
