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The Helms-Burton Earthquake hits NH with million-dollar lawsuit in U.S.

| News | Cuban Desk

Ignacio Aparicio explains that the lack of a connection in time between the start of NH's management of the hotel and the applicant's damage would make it impossible to prove his right to compensationin Vozpópuli

New lawsuit in the United States against a Spanish company under the controversial Helms-Burton Act A family has sued NH Hotel Group for the management of the Capri hotel in Havana, Cuba. Their predecessor had a twenty-year (1957-1977) right to operate this hotel, but it was expropriated by Fidel Castro's government before it expired. The management was then handed over to the group led by Ramón Aragonés, to whom his descendants are now claiming millions in compensation, according to the lawsuit to which Vozpópuli has had access, which also reveals that the hotel company has entrusted its defence to Bird & Bird and Bracewell LLP.

NH relies on 'lack of standing' as there is no connection in time between the conduct of NH - which started managing this hotel in 2018 - and the plaintiff's damage - which expired in 1977. Ignacio Aparicio, explains that this same argument was used by Havana Docks, whose claim was dismissed. Following this example, J. Shepard's relatives "would fail to prove their right to compensation," he says.

It also claims that it is not subject to the jurisdiction of the courts of New York as it does not carry out any activity in this country. According to it, NH Hotel Group "does not operate in the US and is not authorized to do so"; while NH USA "is a dormant subsidiary of its parent company that has not been fully liquidated, whose last meeting of the General Meeting of the Board of Directors was held in 2014 and the last employees left the company in 2015".

The company explains in its appeal that although it has 362 hotels around the world, only one is in the United States and does not hold ownership, but belongs to the Jolly Group, which in turn owns NH. This is another of the arguments that, according to the expert from Andersen Tax & Legal, could favour the Spanish company before the American court.

You can read the full article in Vozpópuli

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