Thursday, October 29, 2009
Dean Hausler Continues Effort to Collect Assets From Cuban Government
You may recall the continuing efforts by Roberto Martinez, on behalf of longtime and beloved UM Law School Dean Hausler, to collect on a default judgment against the Cuban government relating to the 1960 torture and death of her brother Bobby Fuller.
The latest twist is a case recently removed and pending before Judge King in which Dean Hausler seeks to garnish funds allegedly retained by Tata Communications, a telecommunications company. Tata is represented by Michael Higer.
You can read the docket here.
Michael's answer (filed in state court before removal) asserts that the plaintiffs bear the burden and have not shown that ETECSA -- the telecommunications provider in Cuba -- is an instrumentality of the Cuban government and, even if it was, his client owes no money to it.
Higer also asserts that this case is entirely different than the Hausler I, the case brought against telephone provider EmtelCuba, in which there was no dispute that EmtelCuba was an agent or instrumentality of the Cuban government, and thus subject to garnishment for a judgment against the Cuban government.
The answer asserts that the extant evidence indicates that ETECSA is owned by Dutch, Italian, Panamanian and Cuban companies and thus would not be an agent or instrumentality of the Cuban government under existing law.
That seems like a tough sell, but who knows?
You can see some wonderful photos of Dean Hausler here.