NEW HELMS-BURTON ACT LAWSUITS TARGET AIRLINES
October 17, 2019
Last month we reported on lawsuits against cruise lines under the 1996 Helms-Burton (Libertad) Act, which allow U.S. nationals and naturalized Cubans to seek damages for property seized by Cuba’s revolutionary government. The theory of those cases is that by sailing to docks in Havana that were once expropriated, the cruise lines are “trafficking” in property (i.e., the docks themselves) and owe damages to the pre-revolutionary owners.
On September 25, 2019, the first lawsuit against an airline using a similar legal theory was filed in a U.S. federal court in Florida. American Airlines, Inc. and LATAM Airlines Group S.A. were named as co-defendants by a plaintiff who alleged that his family were the former owners of José Martí International Airport, and that the airlines are “trafficking” in that property. The case remains in its early stages, and we do expect to see additional similar suits filed against other airlines operating to, from, or within Cuba.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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