The historic victory that brought hope to the Cuban-American community last April ended in disappointment this past Friday. A federal court in Miami overturned a jury verdict that had ordered Expedia to pay $29.8 million to Mario Echevarría for "trafficking" in confiscated Cuban properties. According to documents referenced by the specialized portal Cubatrade, Judge Federico Moreno nullified the jury's decision, noting that while the legal process was sound, with "great attorneys on both sides," Expedia adhered to the law by halting hotel bookings on the contested land within the 30-day legal timeframe.
The judge remarked, "Perhaps now we understand better why presidents from both parties suspended the enforcement of the Helms-Burton Act's Title III for decades," acknowledging that the final decision might be reviewed by a higher court.
An Unexpected Turn After April's Victory
In April, a federal jury had set a significant precedent by ruling in favor of Echevarría, a naturalized Cuban-American who claimed ownership of land in Cayo Coco that was expropriated from his family in 1959. Expedia and its subsidiaries, Hotels.com and Orbitz, were ordered to pay nearly $30 million for offering reservations at hotels built on these lands, such as the Iberostar Mojito, Iberostar Colonial, and Pullman Cayo Coco.
The ruling was hailed as "a great victory for the Cuban-American community" by the law firm Rivero & Mestre, which emphasized the exiles' right to reclaim properties seized by Fidel Castro's regime. However, the annulment of the verdict is a significant setback for the descendants of Cubans whose lands and businesses were confiscated without compensation. For many, Echevarría's case symbolized not just economic restitution but also an act of justice against decades of dispossession and silence.
Uncertain Future for Similar Claims
Now, the precedent is in question, raising doubts about the future of dozens of similar lawsuits filed since President Donald Trump activated Title III of the Helms-Burton Act in 2019, which had been suspended for over two decades due to fears of diplomatic tensions.
A Battle Far From Over
Although Expedia is temporarily relieved from paying the substantial compensation, the judge made it clear that the final word might lie with the Court of Appeals. Meanwhile, the case underscores the political and legal complexities of applying the Helms-Burton Act, where the Cuban diaspora's quest for justice intersects with corporate interests and historical tensions between Washington and Havana.
For Mario Echevarría and other claimants, this setback does not erase their belief that their rights were violated. Yet, it represents a daunting hurdle in their fight to enforce a law many view as their last tool against confiscation.
Key Questions on the Helms-Burton Act and Cuban Property Claims
What is the Helms-Burton Act?
The Helms-Burton Act, also known as the Cuban Liberty and Democratic Solidarity Act, is a U.S. law that aims to strengthen and continue the United States' embargo against Cuba. Title III allows U.S. nationals to file lawsuits against foreign companies "trafficking" in property confiscated by the Cuban government.
Why was Title III of the Helms-Burton Act suspended for so long?
Title III was suspended for over two decades due to concerns about diplomatic repercussions and the potential for legal conflicts with international allies, whose companies might be affected by lawsuits under this provision.
How does the recent ruling affect future claims under the Helms-Burton Act?
The recent ruling casts uncertainty on the future of claims under the Helms-Burton Act, potentially affecting the outcomes of similar lawsuits and the willingness of claimants to pursue legal action.