SDM Defeats Class Certification in Helms-Burton Act Claims
In an order issued today, U.S. District Judge Federico A. Moreno denied the plaintiff’s motion for partial class certification in a case involving claims under the Helms-Burton Act for alleged trafficking in real property confiscated by the Cuban government.
The plaintiff asked the court to certify an issues class composed of U.S. nationals who purport to own claims to certain Cuban property. Last month, SDM Partner Santosh Aravind argued for the defendants, emphasizing that the proposed class action would be “extremely messy” and “extremely individualized on all elements.” The court agreed and today issued an opinion that determined that the plaintiff failed to meet the requirements for a class action and that the proposed class was “unmanageable in a class where individual ownership issues predominate.”
The SDM team led by Partner David Shank represents Expedia Group and its subsidiaries in multiple actions pending in federal courts in Florida and Delaware involving claims under the Helms-Burton Act.