Javier Garcia-Bengochea v. Carnival Corporation, No. 20-12960 (11th Cir. 2022)Annotate this Case
Plaintiff is a U.S. citizen and a U.S. national as that term is defined in 22 U.S.C. Section 6023(15). He claims to be the “rightful owner of an 82.5% interest in certain commercial waterfront real property in the Port of Santiago de Cuba,” identified by the Cuban government as La Marítima and Terminal Naviera. At issue on appeal is whether Plaintiff has Article III standing to assert his claims against Carnival and Royal Caribbean, and if so, whether those claims have merit.
The Eleventh Circuit concluded that Plaintiff has standing to assert his Title III claims, but that those claims fail on the merits. The court, therefore, affirmed the district court’s grant of judgment on the pleadings in favor of Carnival and Royal Caribbean. The court explained that the claims fail under Section 6082(a)(4)(B) of the Act because the Cuban government confiscated La Marítima prior to March 12, 1996, and because Plaintiff acquired his interest in the property through inheritance after that date.