UK's Imperial Brands Among Increasing Number Of EU-Based Defendants In Libertad Act Lawsuits Seeking Guidance From EC

LUIS MANUEL RODRIGUEZ, MARIA TERESA RODRIGUEZ, a/k/a MARIA TERESA LANDA, ALFREDO RAMON FORNS, RAMON ALBERTO RODRIGUEZ, RAUL LORENZO RODRIGUEZ, CHRISTINA CONROY, and FRANCISCO RAMON RODRIGUEZ, Plaintiffs, v. IMPERIAL BRANDS PLC, CORPORACIÓN HABANOS, S.A., WPP PLC, YOUNG & RUBICAM LLC, and BCW LLC, a/k/a BURSON COHN & WOLFE LLC [1:20-cv-23287; Southern Florida District].

Berenthal & Associates (plaintiff)
Rodriguez Tramont & Nunez (plaintiff)
Nelson Mullins (defendant)
Allen & Overy (defendant)
Wilmer Cutler Pickering Hale and Dorr (defendant)
Broad & Cassel (defendant)
Akerman (defendant)

LINKS:

Defendant Imperial Brands PLC’s First Status Report
Defendant Imperial Brands PLC’s Opposition To Motion To Strike The Declaration Of Andrew Rhys Davies

Excerpts:

Defendant Imperial Brands plc (“Imperial”) respectfully submits this status report pursuant to the Court’s September 23, 2020 Order [D.E. 49] granting Imperial’s motion for a limited stay of proceedings and directing Imperial to submit monthly status reports on its application to the European Commission (the “Commission”) for authorization to defend this lawsuit or, at a minimum, to file and litigate a motion to dismiss. By way of update, Imperial states as follows:

1. As Imperial previously advised the Court [D.E. 14, D.E. 15-1], on August 27, 2020, Imperial submitted an application to the Commission under Article 5 paragraph 2 of Council Regulation (EC) No. 2271/96, Protecting Against the Effects of the Extra-Territorial Application of Legislation Adopted by a Third County, and Actions Based Thereon or Resulting Therefrom, 1996 O.J. (L. 309) 1 (EC) (“Regulation 2271/96”), for authorization to defend this lawsuit or, at a minimum, authorization in the first instance to file and litigate a motion to dismiss (the “Application”).

2. The Commission has acknowledged receipt of Imperial’s Application, and has cautioned Imperial that unless and until the Commission provides authorization Imperial is prohibited from appearing before this Court pursuant to the summons in this action under Title III of the Helms-Burton Act.

3. Imperial notified the Commission of the requirement to file a status report and requested that the Commission therefore provide Imperial an update on the status of its application ahead of the October 23, 2020 due date. On October 21, 2020, the Commission informed Imperial that the Commission is currently analyzing Imperial’s application and will do its utmost to ensure that a decision is made in due course.