With Appeals Court Ruling In Iberostar Of Spain Libertad Act Lawsuit, Why Would Any Defendant Subject To European Union Jurisdiction Waste Their Time Seeking Guidance From European Commission?
/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; 21-11906 11th Circuit Court of Appeals]
Zumpano Patricios P.A. (plaintiff)
Bird & Bird (defendant)
Holland & Knight (defendant)
09/16/2022- Oral argument held this date. Oral Argument presented by Leon Patricios for Appellant Maria Dolores Canto Marti and Rebecca M. Plasencia for Appellee Iberostar Hoteles Y Apartamentos SL. [Entered: 09/16/2022 01:17 PM]
11/21/2022- Opinion issued by court as to Appellant Maria Dolores Canto Marti. Decision: Reversed, Vacated and Remanded. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. [Entered: 11/21/2022 02:10 PM]
11/21/2022- Judgment entered as to Appellant Maria Dolores Canto Marti. [Entered: 11/21/2022 02:14 PM]
LINK To Defendant's Status Report (11/7/22)
LINK To Opinion United States Court Of Appeal (11/21/22)
Excerpts From Opinion:
European Commission deliberations have stopped this case in its tracks, with no end in sight. Marti has effectively been pushed out of federal court. That means we have jurisdiction over the stay order, which is “immoderate” and thus unlawful. It is indefinite in duration and has stalled the case for almost three years. Considering this delay, we find that any earlier justifications for the stay have eroded. We reverse the district court’s denial of Marti’s renewed motion and vacate the stay. The case must go on.
Lastly, the court relied on the “efficient use of judicial resources” in continuing the stay. In explaining this justification, the court said only that judicial economy weighed in favor of the stay because there was “no reason to presume that the European Commission is unlikely to render a prompt decision.” That rationale has evaporated. With the additional passage of time, ample reason now exists to doubt the Commission’s promptness. What’s more, because nothing the Commission says will affect the merits of this case, waiting on its decision serves more to conserve Iberostar’s resources than those of the United States courts.
Almost three years have passed since Marti first filed her lawsuit. She cannot recoup those three years. But now she can pursue her claims, Iberostar can assert its defenses, and this suit can USCA11 Case: 21-11906 Date Filed: 11/21/2022 Page: 21 of 22 22 Opinion of the Court 21-11906 continue. We REVERSE the court’s May 2021 order denying the renewed motion to lift the stay, VACATE the stay, and REMAND for the case to proceed.
