Seaboard Marine Cuba Lawsuit Dismissed. Issues Of Maps, Dates, Usage. Plaintiffs To 11th Circuit Court Of Appeals. Judges In Three Similar Cases Likely To Rule Same. More Appeals.

ODETTE BLANCO DE FERNANDEZ née BLANCO ROSELL, Plaintiff, v. SEABOARD MARINE, LTD., Defendant. [1:20-cv-25176; Southern Florida District].
Horr, Novak & Skipp, P.A. (plaintiff)
Law Offices of John S. Gaebe (plaintiff)
Berliner Corcoran & Rowe LLP (plaintiff)
Fields (plaintiff)
Barakat Law (plaintiff)
Morgan, Lewis & Bockius LLP (defendant)

LINKS:
Plaintiffs’ Notice Of Appeal To Eleventh Circuit Court Of Appeals (9/6/22)
Plaintiffs’ Notice Of Appeal (9/1/22)
Final Judgment (8/22/22)
Order On Motion For Summary Judgment (8/19/22)
Libertad Act Title III Lawsuit Filing Statistics

Excerpts From Ruling: 

First, Plaintiff’s argument that Defendant trafficked through the ZEDM is unsupported. 

Second, Plaintiff’s contention that Defendant trafficked in the Zone directly through its own conduct on the Container Terminal is also unsupported. 

Third, regarding the argument that Defendant trafficked in the Zone indirectly through TCM, the Court first notes that Plaintiff appears to set forth a new theory of liability based on TCM, which is not alleged in the Amended Complaint. 

As such, Plaintiff’s argument that Defendant trafficked in the Zone directly or indirectly through the ZEDM or TCM also does not provide a basis for relief for Plaintiff under the Act. 

E. Damages Given the Court’s determination that there is no evidence that Plaintiff owned the property in which Defendant purportedly trafficked, the Court need not reach the issue of damages. 

F. Lawful Travel Exception Given the Court’s determination that there is no evidence that Plaintiff owned the property in which Defendant purportedly trafficked, the Court need not address whether the lawful travel exception applies.