AMERICAN AIRLINES Helms-Burton CUBA Property Lawsuit Dismissed by Judge

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American Airlines, Inc., is a major US-based airline headquartered in Fort Worth, Texas, within the Dallas–Fort Worth metroplex (Credit: aa.com)

By  Gary  Raynaldo      DIPLOMATIC   TIMES

A judge dismissed a Helms-Burton Act lawsuit last Thursday against American Airlines alleging the carrier “trafficked” in property confiscated by the Castro government following the 1959 Cuban Revolution.  The judge in the Federal lawsuit ruled that the José Martí International Airport was not allegedly confiscated from a United States National. The judge further ruled that the Plaintiff  was not a US National when he allegedly acquired his claim to the José Martí International Airport.  The case is Jose Ramon Lopez Regueiro v.  American Airlines Inc. Case Number: 19-23965-CIV-MARTINEZ-LOUIS (U.S. District Court Southern District of Florida Miami Division).  In its Motion to Dismiss,  American Airlines argued that the Court lacks specific personal jurisdiction over it “for a simple reason” that the  Plaintiff’s claim arises out of American’s use of the Airport in Cuba, rather than  American’s   use of the airport in Miami USA.  The Plaintiff alleged  that at least five flights daily to the [José Martí International] Airport originate from Miami International Airport and another five flights daily return from the [José Martí International] Airport to Miami International Airport. Since 2018, Plaintiff alleges, American Airlines   has additionally offered cargo service to the [José Martí International] Airport, that service again originating from Miami International Airport.”   The  Plaintiff claimed that American Airlines is liable for unlawful trafficking by benefiting from the alleged wrongfully confiscated José Martí International Airport (“JM Airport”) as it  relates to American Airlines continued use of the JM Airport to bring cargo and passengers to and from Florida. 

The Judge ruled the José Martí International Airport was not allegedly confiscated from a United States National, in Dismissing the Helms-Burton lawsuit

Jose Marti Airport  was built up by Cuban national Jose Lopez Vilaboy, the father of the Plaintiff  Jose Ramon Lopez Regueiro, who transformed a minor, outdated airport on the brink of demolition by the Cuban government into what the Airport is now, according to the lawsuit.  For his efforts, Vilaboy-like so many other Cubans-was left with nothing when Fidel Castro seized power and established a communist government, which stole his property and forced him and his family to flee Cuba, according to Court documents.

After More Than a Half Century, The U.S. Resumed Regular Air Service Between America and Cuba in 2016

 

Credit: American Airlines /  AA crew members and employees celebrate after the airline was granted authority in August 2016 by the U.S. DOT to operate five daily flights to Jose Marti International Airport (HAV) in Havana- four from Miami International Airport (MIA) and one from Charlotte Douglas International (CLT).  Flights between the US and Cuba resumed in 2016 after more than 50 years. 

In August 2016, crewmembers at the Santa Clara Abel Santamaría International Airport in Cuba welcome JetBlue flight 387, the first commercial flight to Cuba from U.S. in more than 50 years, following President Obama’s  engagement with Cuba.   American Airlines followed JetBlue by operating daily flights from Miami to Jose Marti International Airport in Havana. 

 

 

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