Oral Argument Audio At 11th Circuit Court Of Appeals For Cuba Libertad Act Lawsuit Against China-Based Xinjiang Goldwind Science & Technology Co.
/18 April 2024: “Oral argument held this date. Oral Argument presented by Craig Boneau for Appellant North American Sugar Industries, Inc., Patrick J. Boyle for Appellee DSV Air & Sea Inc., Christopher Stephen Carver for Appellees BBC Chartering USA, LLC and BBC Chartering Singapore PTE Ltd. and Sean Marotta for Appellees Xinjiang Goldwind Science & Technology Co., Ltd. and Goldwind International Holdings (HK) Ltd.. [Entered: 04/18/2024 12:43 PM]”
NORTH AMERICAN SUGAR INDUSTRIES INC., V. XINJIANG GOLDWIND SCIENCE & TECHNOLOGY CO., LTD., GOLDWIND INTERNATIONAL HOLDINGS (HK) LTD., DSV AIR & SEA INC., BBC CHARTERING USA, LLC, and BBC CHARTERING SINGAPORE PTE LTD., [1:20-cv-22471 Southern Florida District; 23-10126 11th Circuit Court of Appeals].
Gibson, Dunn & Crutcher (plaintiff)
Mandel & Mandel (plaintiff)
Morgan, Lewis & Bochius (defendant)
Akerman (defendant)
Hogan Lovells LLP (defendant)
Leto Law Firm (defendant)
Venable LLP (defendant)
Strook & Strook & Lavan LLP (defendant)
07/28/2023- Transmitted Electronic Record on Appeal to US Court of Appeals re 300 Notice of Appeal. USCA #23-10126-JJ.
05/19/2023- Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 300 Notice of Appeal, Appeal No. 23-10126-JJ. The entire record on appeal is available electronically.
LINK: NOTICE OF APPEAL (1/10/23)
LINK: STATUS UPDATE (2/13/24)
“Following jurisdictional discovery, a hearing on the Motions, and post-hearing briefing, Judge Otazo-Reyes issued her Report. [ECF No. 277]. The Report made the following findings:
1. The Court does not have personal jurisdiction over DSV US pursuant to Florida Statute § 48.193(1)(a)(1)—the long-arm statute's business activity prong—because Plaintiff's claims do not arise from DSV US's Florida-based business operations;
2. The Court does not have personal jurisdiction over any Defendant pursuant to Florida Statute § 48.193(1)(a)(2)—the long-arm statute's tortious act prong—because (a) the place of the alleged injury is not in Florida and (b) a substantial aspect of the alleged tort was not committed in Florida;
3. Even if the long-arm statute were satisfied, Defendants do not have minimum contacts with Florida sufficient to satisfy the Due Process clause;
4. The Court does not have personal jurisdiction over Defendants pursuant to Rule 4(k)(2) because exercising jurisdiction would not be consistent with the United States Constitution; and
5. Plaintiff's claim for conspiracy does not provide a basis for personal jurisdiction over the Defendants because Plaintiff has not established that Defendants committed a tortious act in Florida in furtherance of the alleged conspiracy. Id.
In its Objections, Plaintiff re-asserts the bulk of the arguments it raised in response to the Motions. See [ECF No. 218]. In addition, Plaintiff argues that the Report (1) failed to consider the broader range of activity that constitutes trafficking under the Act; (2) ignored evidence including that US export law required that the blades make a stop in Miami enroute to Cuba; (3) failed to construe inferences in favor of Plaintiff; and (4) misapplied the constitutional minimum contacts analysis. [ECF No. 282].
N. Am. Sugar Indus. v. Xinjiang Goldwind Sci. & Tech. Co., 645 F. Supp. 3d 1352, 1358 (S.D. Fla. 2022)”
NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, v. DSV AIR & SEA INC., Defendant. [2:21-cv-00080; New Jersey District].
Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Morgan, Lewis & Bochius (defendant)
Venable LLP (defendant)
NORTH AMERICAN SUGAR INDUSTRIES INC., Plaintiff, V. BBC CHARTERING USA, LLC, Defendant. [4:21-cv-00012; Southern District Texas]
Reid Collins Tsai LLP (plaintiff)
Gibson, Dunn & Crutcher (plaintiff)
Akerman (defendant)
