EXPEDIA OWES $30 MILLION IN DAMAGES TO CUBAN AMERICANS
May 26, 2025
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On April 18, 2025, a federal jury in the Southern District of Florida awarded $29.8 million in damages against Expedia and three related entities for violating the Helms-Burton Act (the “Act”). By creating a private right of action, the Act authorizes U.S. citizens with claims to confiscated property in Cuba to file suit in federal court against persons and corporate entities that may be “trafficking” in that property. While prior presidents implemented a statutory suspension halting the filing of new lawsuits under the Act, President Trump lifted the suspension in 2019 and allowed the private right of action to proceed as part of his efforts to sanction the Cuban regime. Since the suspension was lifted, federal courts have experienced a rise in claims related to property confiscated by the Cuban government with implications for the travel industry. Like a prior suit filed against Royal Caribbean Cruises, the plaintiff in this case alleged that Expedia promoted and sold hotel bookings on land which was previously confiscated by the Castro regime. See generally Havana Docks Corp., v. Royal Caribbean Cruises, Ltd., 119 F.4th 1276 (11th Cir. 2024) (explaining that owners of terminal facilities at Port of Havana sued under the Act alleging that cruise line operators engaged in trafficking by having ships dock at port confiscated by Cuban government). It is important to understand that the Act allows for treble damages when a defendant received prior notice of the claim and did not cease the conduct in question or compensate the owners of the confiscated property. For those promoting services to Cuba, the verdict should serve as a reminder that private parties can bring lawsuits against traffickers in property confiscated by the Cuban government and that damages can be substantial.
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