Amazon And Susshi International File Motions To Dimiss Libertad Act Lawsuit
/Amazon:
“Plaintiff brings a claim under Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act (“Helms-Burton” or the “Act” or “Title III”) against Amazon and Susshi International Inc. (dba “FOGO”). Amazon operates the online store at Amazon.com. Plaintiff claims that the image in the Complaint (Figure 1) showing a bag of charcoal being sold on Amazon.com sufficiently alleges that Amazon “knowingly and intentionally” trafficked in property confiscated by the Cuban Government. Based merely on the allegation that an unknown third-party sold charcoal on Amazon.com, which was described as “from independent farmers in Cuba,” Plaintiff seeks to hold Amazon liable under Helms-Burton for trafficking in the farmland he claims the Cuban Government confiscated from his grandfather (the “Farmland”).”
From Susshi International:
“Plaintiff’s complaint fails under both Rules 8(a) and 12(b)(6) because, not only does Plaintiff fail to allege sufficient standing to bring this action, he also fails to allege any plausible claim of relief. Plaintiff fails to meet his burden of establishing ownership of the claim to the confiscated property. Plaintiff fails to plead any plausible nexus between FOGO’s imported marabu charcoal and the alleged confiscated property, absent which he can never satisfy the threshold requirements of the statute under which he seeks to recover. See 22 U.S.C. §6082(a)(1)(A). Plaintiff also fails to plausibly plead how Defendant FOGO has either “knowledge” or “reason to know” that its conduct is anything other than lawfully licensed activity. See 22 U.S.C. § 6081(13).”
