American Airlines Faces Lawsuit from Cuban Airport Ex-Owner

HAVANA- A Cuban-American man’s lawsuit against American Airlines (AA) over alleged “trafficking” in confiscated Cuban property will proceed, following a reversal by the 11th Circuit Court of Appeals. The disputed property is José Martí International Airport (HAV) in Havana, Cuba, the country’s primary international gateway.

José López Regueiro, a U.S. citizen since 2015, alleges that American Airlines violated the Helms-Burton Act by operating flights to and from Havana (HAV) — property he claims was unlawfully seized from his family during the 1959 Cuban revolution.

Photo: By Tacorontey – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=87169253

American Airlines Cuban Airport Lawsuit

The 11th Circuit unanimously ruled that Regueiro could sue under Title III of the Helms-Burton Act, which permits U.S. nationals to bring claims against companies profiting from confiscated Cuban property.

The panel overturned a previous dismissal by a Florida federal judge, clarifying that citizenship at the time of property confiscation is not required under the law.

The court found that Regueiro’s claim met the statutory requirements: he had inherited shares in CAISA, the Cuban company that owned José Martí International Airport, and was a U.S. citizen at the time of filing the lawsuit.

Circuit Judge Jill Pryor, writing for the panel, emphasized that the law “unambiguously” covers plaintiffs who became U.S. citizens after acquiring an interest in the property in question.

This ruling may have broader implications for other claimants who inherited confiscated Cuban assets and obtained U.S. citizenship after the fact, Court House News reported.

Photo: By Richard Silagi – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=76300185

Legal Background and Key Arguments

Regueiro’s lawsuit was initially dismissed because he was not a U.S. citizen when the Cuban government seized the property, and his father — the original shareholder — was also not a U.S. national at the time.

However, the appellate court clarified that Title III only requires U.S. citizenship at the time of filing, not at the time of confiscation or acquisition.

American Airlines argued that Regueiro lacked standing because he owned only shares in a company that owned the airport. But the court cited a prior decision — de Fernandez v. Seaboard Marine Ltd — to reject this argument, affirming that shareholders can bring trafficking claims if the corporate assets were confiscated.

Classic Cars in Cuba; Photo- Love Cuba

Implications for U.S. Companies Operating in Cuba

This case serves as a warning to U.S. companies operating in Cuba without settling claims related to nationalized property. With this decision, the court reinforces that Helms-Burton lawsuits can move forward even when claimants acquired property rights before obtaining U.S. citizenship.

Attorney Andres Rivero, who represents Regueiro, called the ruling a victory for victims of property seizures. He emphasized ongoing legal efforts targeting corporations like American Airlines (AA) and Expedia for profiting from what they argue are stolen assets.

The case now returns to the district court for further proceedings, potentially paving the way for more Helms-Burton lawsuits involving Cuban properties and multinational corporations.

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