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Cuba cruise lawsuit appears headed to jury trial in Miami

PHOTO: ANNE KALOSH CRUISE_Havana_Cruise_Terminal.jpg
Carnival, Royal Caribbean, MSC and NCLH are being sued for their use of the Havana Cruise Terminal
A lawsuit charging the four cruise giants with trafficking in stolen property by using Havana's cruise facilities appears headed to a jury trial in Miami.

US District Judge Beth Bloom rejected the defendants' motion to strike plaintiff Havana Docks Corp.'s demand for a jury trial.

The trial is scheduled for May.

In 2019, Carnival Corp., Royal Caribbean Group, MSC Cruises and Norwegian Cruise Line Holdings were sued under Title III of the Helms-Burton Act by Havana Docks Corp., which holds a US-certified claim to piers that were nationalized after the 1959 Cuban revolution.

The cruise giants reject the charge that their calls at the Havana facilities qualify as trafficking in stolen property, arguing mainly that cruise travel to Cuba was lawful at the time and use of the terminal was required by Cuba, while also disputing the validity of Havana Docks Corp.'s claims under Helms-Burton.

Miami jury may be 'problematic' for the defendants

John Kavulich, president of the US-Cuba Trade and Economic Council, noted a Miami jury would likely include members of Cuban descent, which may be 'problematic' for the defendants. 'How many residents of South Florida do not have an opinion about Cuba? Obama? Trump?' he wrote in a blog on the case. 

US-based cruise lines were able to send ships to Cuba under the Obama administration, before such operations were subsequently shut down by the Trump administration. The Trump administration also activated Title III of Helms-Burton, making it possible for Americans to seek compensation from foreign firms for the use of their properties appropriated by Cuba's communist government.

Carnival Corp. was the first US-based company sued

Impetus for a settlement?

Kavulich suggested there may be impetus for a settlement given the 'uncertainties of juries.'

Carnival, Royal Caribbean, MSC and NCLH had filed a motion for summary judgment in January.

Kavulich also expressed surprise that a decision on that motion did not come before the ruling about a jury trial.