Plaintiff, And Defendants Booking, Expedia, Hotels, Orbitz, Respond To Court Of Appeals After United States Department Of Justice Weighs In.
/MARIO DEL VALLE, ENRIQUE FALLA, MARIO ECHEVARRIA V. EXPEDIA, INC., HOTELS.COM L.P., HOTELS.COM GP, ORBITZ, LLC, BOOKING.COM B.V., BOOKING HOLDINGS INC. Initial defendants were: TRIVAGO GMBH, BOOKING.COM B.V., GRUPO HOTELERO GRAN CARIBE, CORPORACION DE COMERCIO Y TURISMO INTERNACIONAL CUBANACAN S.A., GRUPO DE TURISMO GAVIOTA S.A., RAUL DOE I-5, AND MARIELA ROE 1-5, [1:19-cv-22619 Southern Florida District; 20-12407 11th Circuit Court of Appeals]
Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Baker & McKenzie, LLP (defendant)
Scott Douglass & McConnico (defendant)
Akerman (defendant)
04/15/2022 Open Document ORDER: On April 11, 2022, the Court received a “Motion by the United States to File Over-Length Brief” along with the “Brief for United States as Amicus Curiae.” The motion is GRANTED. The parties are DIRECTED to file, by May 6, 2022, supplemental letter briefs not to exceed 20 pages responding to the “Brief for the United States as Amicus Curiae.” [9640465-2] [9640479-2] [9640488-2] ENTERED FOR THE COURT – BY DIRECTION (See attached order for complete text) [20-12407, 20-12960, 20-14251] [Entered: 04/15/2022 08:39 AM]
Appelants Response (5/6/22)
Defendants-Appellees Response (5/6/22)
Supplemental Letter Brief- Javier Garcia-Bengochea (5/6/22)
Appellees' Supplemental Letter Brief- Carnival Corporation (5/6/22)
Appellee's Notice Of Joining Supplemental Letter Brief- Royal Caribbean (5/6/22)
Libertad Act Title III Lawsuit Filing Statistics
Excerpts:
“The Court posed six questions regarding construction of the Helms-Burton Act, 22 U.S.C. § 6021, et seq. (“the Act”) and invited the United States to file an amicus curiae brief answering each question. The United States filed its amicus curiae brief on April 11, 2022. As we further demonstrate below, many of those questions are inapplicable to Del Valle, are dehors the record on appeal and below, and were not briefed on appeal. That said, we submit this supplemental letter for the Court’s consideration.”
“Pursuant to the Court’s April 15, 2022 Order, we submit this supple mental letter brief on behalf of defendants–appellees Expedia Group, Inc., Hotels.com LP, Hotels.com GP, LLC, and Orbitz, LLC (collectively, the “Expedia Appellees”) in response to the Brief of the United States as Amicus
Curiae. Counsel for defendants–appellees Booking.com B.V. and Booking Holdings Inc. (collectively, the “Booking Appellees” and, together with the Expedia Appellees, “Appellees”) have reviewed this letter and join it. In answering the six questions that the Court posed in its December 20, 2021 Order, the United States’ brief discusses two aspects of the Helms USCA11 Case: 20-12407 Burton Act (the “Act”) relevant to this appeal: (1) the date-of-acquisition requirement in 22 U.S.C. § 6082(a)(4)(B) (see U.S. Br. 16–29), and (2) the lawful travel clause in the Act’s definition of traffics, 22 U.S.C. § 6023(13)(B)(iii) (see
U.S. Br. 30–38). We address each issue in turn.”
“The United States is correct that Plaintiffs who purport to have inherited their claims after March 12, 1996, are barred from bringing a Helms Burton action. The United States is also correct in its interpretation of the scope of the Lawful Travel Clause. It is clear that the regulatory context and legislative history undermine the overly-strict and illogical interpretation of the clause that Plaintiffs urge. The United States is incorrect, however, to suggest that Plaintiffs are relieved from pleading and proving that Appellees’ alleged conduct meets the entire definition of traffics, including the Lawful Travel Clause.”
