Defendant Cruise Lines And Plaintiff Havana Docks Corporation File Briefs About Juries And Damages: "unconstitutionally excessive and disproportionate under the Fifth Amendment."

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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. 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)

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)

Reply In Support Of Defendants’ Motion Seeking Clarification Of The Court’s March 21, 2022 Omnibus Order On Motions For Summary Judgment (4/19/22)

Plaintiff Havana Docks Corp.’S Response In Opposition To Motion For Certification For Interlocutory Appeal And Motion To Stay (4/15/22)

Order On Defendant’s Motion To Preclude Plaintiff From Using Aphra Behn As A Witness (4/12/22)

Plaintiff Havana Docks Corporation’s Response To Defendants’ Motion Seeking Clarification Of The Court’s March 21, 2022 Omnibus Order On Motions For Summary Judgment (4/12/22)

Link To Libertad Act Lawsuit Filing Statistics 

Excerpts: 

“Defendants’ Motion (Carnival Docket No. 480) seeks to clarify that any damages awarded in this case may be challenged as unconstitutionally excessive and disproportionate under the Fifth Amendment, after a trial or award of damages, notwithstanding the Court’s Order granting summary judgment on these affirmative defenses.1 In its Response (Carnival Docket No. 495), Plaintiff agrees with the substance of this request. As Plaintiff explains: “Following Eleventh Circuit precedent, the Court has twice held that a Fifth Amendment excessiveness argument is a post-trial issue to be addressed ‘after a jury has delivered a damages award.’” Response at 2.2 That is precisely the basis of Defendants’ Motion: under this Court’s holdings, any Fifth Amendment excessiveness and disproportionality issues should be resolved only after there is an award of damages. Accordingly, Defendants seek to clarify that the Court’s Summary Judgment Order does not preclude them from raising these challenges should damages be awarded.”