American Airlines Libertad Act Lawsuit: Magistrate Recommends Dismissal With Prejudice: "Because it is without dispute that the property was confiscated from a Cuban national"

JOSE RAMON LOPEZ REGUEIRO V. AMERICAN AIRLINES INC. AND LATAM AIRLINES GROUP, S.A. [1:19-cv-23965; Southern Florida District]

Rivero Mestre LLP (plaintiff)
Manuel Vazquez, P.A. (plaintiff)
Jones Day (defendant)
Akerman (defendant)

Omnibus Order (5/23/22)
20-Page Report and Recommendation (5/20/22)
Libertad Act Lawsuit Filing Statistics

Excerpts:

While I recommend that this Court has both subject matter and personal jurisdiction over the dispute and Defendant, I recommend dismissal for Plaintiff’s failure to allege that the property was confiscated from a United States national. Because it is without dispute that the property was confiscated from a Cuban national, I recommend that dismissal be with prejudice. I do not recommend that the Court reach the question of when or if Plaintiff acquired the claim, a factual dispute not appropriate for disposition on a motion to dismiss. Similarly, Defendant’s affirmative defense of lawful travel, on which it has the burden of proof, should not be resolved on this motion to dismiss. However, should the Court find Plaintiff’s claim may proceed, I do not recommend dismissal for failure to plead facts supporting the required mens rea, as Plaintiff’s allegation of pre-suit notice is sufficient to support the requisite scienter.