Title III of the LIBERTAD Act, “created a private right of action against any person who ‘traffics’ in confiscated Cuban property.” Garcia-Bengochea v. Carnival Corp., 407 F. Supp. 3d 1281, 1284 (S.D. Fla. 2019) (citing 22 U.S.C. §6082(a)(1)(A); 22 U.S.C. §6023(13)(A)). That private right f action was suspended by authority given to the executive, exercised religiously every six months from 1996 to 2019 when the U.S. Department of State announced that the federal government “will no longer suspend Title III.” (U.S. Department of State, Secretary of State Michael R. Pompeo’s Remarks to the Press (Apr. 17, 2019), effective May 2, 2019.
As expected, a number of lawsuits were filed against U.S. and other companies alleging trafficking in such property. One of the most interesting may be Havana Docks Corp. v. Carnival Corporation (USDC S Dist Fla; CaseNo. 19-cv-21724-BLOOM/McAliley).