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Judge Dismisses Helms-Burton Lawsuit Against Carnival
Jul 11, 2020 1 min, 5 secs
District Court for the Southern District of Florida, was one of the first under a long-dormant provision of a law allowing Americans to pursue legal action against companies doing business in Cuba on property confiscated by the regime of Fidel Castro.

nationals with claims to properties confiscated by the Cuban government to seek compensation from companies operating on those properties.

He sought compensation for business done on the property in the port of Santiago de Cuba, which was confiscated in 1960 by the Cuban government, according to his lawsuit.

Garcia-Bengochea said he inherited his claim to the property from a cousin, a Costa Rican national, in 2000, according to his lawsuit.

Garcia-Bengochea acquired his claim after March 12, 1996, a cutoff date specified in the Helms-Burton Act.

In his order, Judge King acknowledged that inheritance is covered by the term “acquire,” but dismissed the suit because, in his judgment, Congress had sought to eliminate incentives for non-Americans to transfer claims of confiscated property to U.S.

nationals to take advantage of the Helms-Burton Act provision.

Kavulich said.

There are nearly 6,000 claims on property confiscated by Cuba certified by the U.S.

But fewer than three dozen lawsuits have been filed under the Title III provision of Helms-Burton, according to data compiled by U.S.-Cuba Trade and Economic Council.

Kavulich said.

Kavulich said

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