Pedro Freyre, International Practice Chair, and Lolita Sosa co-authored an article analyzing the impact of Gonzalez v. Amazon on pending cases related to Title III of the Helms-Burton Act.
“On May 11, Judge Robert N. Scola Jr. of the U.S. District Court for the Southern District of Florida entered a dismissal with prejudice in Gonzalez v. Amazon, a key decision in the wave of litigation relating to Title III of the Cuban Liberty and Democratic Solidarity (Libertad) Act, or Helms-Burton Act. This order may significantly impact pending Title III cases.”
“Until last year, litigation related to Title III was virtually nonexistent, as Title III allows the president to suspend its effective date for successive six-month periods. This was the course taken by Bill Clinton, George W. Bush and Barack Obama.”
“Judge Scola's decision may significantly impact pending and future Title III cases, particularly given the government's long delay in activating Title III. The decision focuses on the plain-language limitations of Title III and reiterates the requirement that plaintiffs plead their allegations with specificity. In Judge Scola's reading, the act plainly requires that individuals prosecuting a Title III action in connection with properties confiscated before March 12, 1996, must have owned the claim to those properties prior to that date.”