Pandemic Journal (# 1): Kristof and Osterholm Analyses

Sunday morning’s news outlets reported that worldwide there now are over 300,000 persons who have contracted the coronavirus disease (COVID-19)  and at least 12,944 have died of this infection while the U.S. statistics are more than 24,300 cases and more than 370 deaths. My State of Minnesota has 169 confirmed cases and its first death while the state’s most populous county (Hennepin with the City of Minneapolis), where I live, has  57 confirmed cases and no deaths.

This blogger has decided to periodically post his reactions to living through this pandemic.

This first post will focus on some of today’s overall perspectives from those who know about what is happening: Nicholas Kristof, a New York Times columnist, who has talked with a lot of experts, and Michael Osterholm, now at the University of Minnesota as Regents Professor, McKnight Presidential Endowed Chair in Public Health, the Director of the Center for Infectious Disease Research and Policy (CIDRAP), Distinguished Teaching Professor in the Division of Environmental Health Sciences, School of Public Health, a professor in the Technological Leadership Institute, College of Science and Engineering, and an adjunct professor in the Medical School.[1]

Other posts will discuss other important developments in the crisis as well as his personal reactions to these problems.

Kristof’s Analysis[2]

One of the most disturbing Sunday articles was by Nicholas Kristof, who set forth what experts are seeing as the “worst case” and “best case” for the U.S. in March 2021, one year from now.

Worst Case

“More than two million Americans have died from the new coronavirus, almost all mourned without funerals. Countless others have died because hospitals are too overwhelmed to deal adequately with heart attacks, asthma and diabetic crises. The economy has cratered into a depression, for fiscal and monetary policy are ineffective when people fear going out, businesses are closed and tens of millions of people are unemployed. A vaccine still seems far off, immunity among those who have recovered proves fleeting and the coronavirus has joined the seasonal flu as a recurring peril.”

The U.S. “badly bungled testing, and President Trump repeatedly dismissed the coronavirus, saying it was ‘totally under control’ and ‘will disappear,’ and insisting he wasn’t ‘concerned at all.’ . . .The United States has still done only a bit more than 10 percent as many tests per capita as Canada, Austria and Denmark.”

“By some counts, the United States is just eight days behind Italy on a similar trajectory, and it’s difficult to see how America can pirouette from the path of Italy to that of South Korea. The United States may already have 100,000 infected citizens — nobody knows. That’s too many to trace. Indeed, one can argue that the U.S. is not only on the same path as Italy but is also less prepared, for America has fewer doctors and hospital beds per capita than Italy does — and a shorter life expectancy even in the best of times.”

“Mitre, a nonprofit that does work on health care, calculated that coronavirus cases are doubling more quickly in the United States than in any other country it examined, including Italy and Iran.” Two experts’ models suggest “that up to 366,000 I.C.U. beds might be needed in the United States for coronavirus patients at one time, more than 10 times the number available.”

Therefore, the U.S. “should be urgently ramping up investment in vaccines and therapies, addressing the severe shortages of medical supplies and equipment, and giving retired physicians and military medics legal authority to practice in a crisis.” But that is not happening. Moreover, the U.S. “isn’t protecting health workers with the same determination” as China did after its initial failure to do so.“In the worst-case scenario, will social services collapse in some areas? Will order fray? Gun sales are increasing, because some people expect chaos and crime.” The U.S. “is in a weaker position than some other countries to confront the virus because it is the only advanced country that doesn’t have universal health coverage, and the only one that does not guarantee paid sick leave. With chronic diseases, the burden of these gaps is felt primarily by the poor; with infectious diseases, the burden will be shared by all Americans.”

Best Case

“Life largely returned to normal by the late summer of 2020, and the economy has rebounded strongly. The United States used a sharp, short shock in the spring of 2020 to break the cycle of transmission; warm weather then reduced new infections and provided a summer respite for the Northern Hemisphere. By the second wave in the fall, mutations had attenuated the coronavirus, many people were immune and drugs were shown effective in treating it and even in reducing infection. Thousands of Americans died, mostly octogenarians and nonagenarians and some with respiratory conditions, but by February 2021, vaccinations were introduced worldwide and the virus was conquered.”

According to Dr. Larry Brilliant, an epidemiologist, “The best case is that the virus mutates and actually dies out.” Another expert,  Dr. Charles G. Prober, a professor at Stanford Medical School, agreed. Two other lethal coronaviruses, SARS and MERS, both petered out, and that is possible here. “My hope is that Covid-19 will not survive.”

“Several countries have shown that decisive action can turn the tide on Covid-19, at least for a time.” This especially is true for Singapore, Taiwan, South Korea and Hong Kong that “responded with the standard epidemiological tool kit: vigilance and rapid response, testing, isolating the sick, tracing contacts, quarantining those exposed, ensuring social distancing and providing reliable information. They did not shut down their entire countries.”

It is possible that the U.S. and other Northern Hemisphere nations soon will experience warmer weather that will dampen the coronavirus as was true with two of the four other coronaviruses.

“There is hope that some antiviral medicines currently in clinical trials will be successful.”

Finally there is hope that “the coronavirus may be less lethal than was originally feared, so long as health care systems are not overwhelmed.”

Yet another expert, “Dr. Tara C. Smith, an epidemiologist at Kent State University, summed up all of these considerations: ‘I’m not pessimistic. I think this can work.’ She thinks it will take eight weeks of social distancing to have a chance to slow the virus, and success will depend on people changing behaviors and on hospitals not being overrun. ‘If warm weather helps, if we can get these drugs, if we can get companies to produce more ventilators, we have a window to tamp this down.’”

Our Responses

“This crisis should be a wake-up call to address long-term vulnerabilities. That means providing universal health coverage and paid sick leave.”  The coronavirus legislation adopted last week does not do that. “It guarantees sick leave to only about one-fifth of private-sector workers. It’s a symbol of the inadequacy of America’s preparedness.”

“More broadly, the United States must remedy its health priorities: We pour resources into clinical medicine but neglect public health. . . . The United States has a decentralized and spotty public health system, and it has endured painful budget cuts, yet historically public health has saved more lives than clinical medicine.”

Osterholm’s Perspective[3]

U.S. Difficulty in Appreciating Risk of Pandemics

First, the U.S. government and citizens “had almost this sense of invincibility that we had a border that would not allow such infectious-disease agents to penetrate … . We, of course, know that is folly. A microbe anywhere in the world today can be anywhere in the world tomorrow.”

Second, “we tend to lack creative imagination. {Yet those ]who knew health care knew that health care [had been] carved down to the bone for which there was no resiliency of any substantial nature, no excess capacity, no monies to stockpile large volumes of protective equipment.”  In addition, there has been “no real understanding of the vulnerability of this country outsourcing all of its drug supply manufacturing to places like China.”

Third, “I think it’s human nature to not want to believe this” risk.

This January Osterholm wrote a notification for the CIDRAP leadership forum, saying, “ “I now am absolutely convinced this is going to be a pandemic. This will be a worldwide epidemic. We will see major transmission around the world. And what has happened in Wuhan [China] will happen in other places.” But this warning had no impact on U.S. policies.

 U.S. Needs ‘New Normal’

 U.S. and others need to find a new normal, a way to live with COVID-19. We “can’t shelter in place for 18 months. This isn’t going to work.” Instead, we need a national goal.

We must “make every effort to … protect those most vulnerable. And we [need to] continue to emphasize social distancing, … [and] keep the hospitals from being overrun. We [must] keep doing that until we get a vaccine. . . . It won’t be perfect. Some people will get sick, some may die.”

“People are really concerned. They’re scared … but they’re not panicking. They want straight talk.” They want the truth, and they are not getting it from the Trump administration.

“[A recent British scientific paper] said crowd size really makes no difference. We really have no data on crowd size. Their modeling says we have to have contact … that if you shook hands with all 50,000 people in an arena, you got a problem. But if you didn’t, the risk of transmission is not nearly as great as people think it is. We also don’t have good data that we have major transmission in schools from kids to kids and that they take it home to Mom and Dad.”

“Singapore did not close schools. Hong Kong did. We saw no difference. . . . {On the other hand,] I do know it makes a difference in saving lives in a hospital when you take out 20% of nurses, doctors, respiratory therapists who can’t work because they’re at home [to watch their kids]. I know that is a risk in putting grandparents in so that some can keep working.”

He is hopeful about some new potential treatments for COVID-19, such as chloroquine, that are being studied, but that, he says, is not a strategy.

Conclusion

As a retired lawyer in his 80’s with no experience or expertise on these global health issues, I concur in Professor Osterholm’s assertion that others and I want the truth from our government and national and local leaders. That truth will include admissions that they do not yet know certain important factors, that they are investigating those issues in a focused, disciplined, scientific manner and that the rest of us need to follow developments in the pandemic and follow the straightforward instructions: wash your hands frequently and carefully, maintain at least six-feet social distancing with other people and do not join groups of (10?) or more people. As noted above, other posts will explore my personal reactions to all of this situation.

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[1] Osterholm also currently holds, and has held, other important positions in this field and is the co-author of “the 2017 book, Deadliest Enemy: Our War Against Killer Germs, in which he not only details the most pressing infectious disease threats of our day but lays out a nine-point strategy on how to address them.” (CiDRAP, Michael T. Osterholm, PhD, MPH.)

[2] Kristof, The Best-Case Outcome for the Coronavirus, and the Worst, N.Y. Times (Mar. 20, 2020).

[3] Burcum, Coronavirus pandemic: What’s ‘normal’ now? What’s next? An interview with Michael Osterholm, StarTribune (Mar. 22, 2020). /

 

More Details on Cuba’s Foreign Tourism

During the first quarter of 2018, 95,520 U.S. citizens visited Cuba, which was 40 percent fewer than came in the same quarter of 2017. This “is hurting this island’s access to hard cash and setting back the effort to reestablish ties between U.S. citizens and Cubans.“.[1]

The Cubans most adversely affect by this decline are ”the very Cubans the Trump administration has vowed to defend here — small-business owners looking to inject a dose of the free market into the economy.” They are “Airbnb hosts, the owners of small restaurants and art galleries, and tour operators.” Indeed, “unlike many European visitors to Cuba, the American newcomers largely eschewed the package tours that corralled tourists at big, beachfront hotels and assembly-line restaurants. Instead, the Americans spent more time exploring the colonial streets of Old Havana on their own” and patronizing the newer privately-owned businesses

Yes, there has been an increase in foreigners arriving on the island on cruise ships, 177,000 this quarter versus 38,000 in 2017’s first quarter, but they “spent relatively little money onshore.”[2]

Another positive development for Cuban tourism generally, but not the Cuban entrepreneurs, according to the Reuters article, are recent announcements of new hotels by foreign “hospitality companies including Spain’s Melia Hotels International and Iberostar Hotels & Resorts; Singapore’s Banyan Tree Holdings Ltd., Apollo Global Management LLC’s Diamond Resorts International Inc.;” and “Louvre Hotels SAS, a French subsidiary of China’s state-owned Jinn Jiang International Hotels Development Co, one of the world’s largest.”

The construction of such new hotels, however, is “generally carried out jointly with the Cuban Government and especially with the military , which controls a good part of the island’s tourism sector.” For example, “there are currently five new five-star hotels under construction in Havana, owned by the Gaviota Corporation -a military company-, and will be administered by foreign firms.”[3]

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[1] Faiola, In Cuba, the Great American tourism boom goes bust, Wash. Post (May 11, 2018); Drop in Foreign Tourists for Cuba, dwkcommentaries.com April 25, 2018).

[2] Reuters, Despite Hurricanes and Trump, Cuba Retains Charm for Foreign Tourism Firms, N.Y. Times (May 11, 2018).

[3] The Government and the military will continue to make cash with tourism, Diario de Cuba (May 11, 2018).

Another U.N. Condemnation of the U.S. Embargo of Cuba

                                                                                       O

U.N. General Assembly
U.N. General Assembly

On October 26, the United Nations General Assembly voted, 191 to 0 (with two abstentions), to adopt a resolution proposed by Cuba to condemn the United States embargo of Cuba. For the first time in the 25-year history of the annual vote on such resolutions, the U.S, rather than opposing the text, cast an abstention, prompting Israel to do likewise.[1]

This post will examine the resolution’s text, its presentation by Cuba, its support by other countries and the arguments for abstention offered by the U.S. and Israel. This post will then conclude with a brief discussion of reaction to the abstention in the U.S. Prior posts discussed the similar General Assembly resolutions against the embargo that were adopted in 2011, 2014 and 2015.

The Actual Resolution

The actual resolution, “Necessity of ending the economic, commercial and financial embargo imposed by the United States of America against Cuba” (A/RES/71/5 and A/71/L.3) had two principal operative paragraphs.

It reiterated “its call upon all States to refrain from promulgating and applying laws and measures [like the U.S. embargo against Cuba] . . . in conformity with their obligations under the Charter of the United Nations and international law, which, inter alia, reaffirm the freedom of trade and navigation (¶ 2). It also urged “States that have and continue to apply such laws and measures to take the steps necessary to repeal or invalidate them as soon as possible in accordance with their legal regime (¶ 3).

The resolution’s preamble reaffirmed “the sovereign equality of States, non-intervention and non-interference in their internal affairs and freedom of international trade and navigation, which are also enshrined in many international legal instruments” and recited the previous General Assembly resolutions against the embargo. It then welcomed “the progress in the relations between the Governments of Cuba and the [U.S.] and, in that context, the visit of the President of the [U.S.], Barack Obama, to Cuba in March 2016” while also recognizing “the reiterated will of the President of the [U.S.] to work for the elimination of the economic, commercial and financial embargo against Cuba” and “the steps taken by the [U.S.] Administration towards modifying some aspects of the implementation of the embargo, which, although positive, are still limited in scope.”

Cuba’s Presentation of the Resolution

Bruno Rodriguez
Bruno Rodriguez

Speaking last in the debate, Cuba’s Foreign Minister Bruno Rodriguez Parrilla, presented arguments for adopting the resolution. Here are extracts of that speech:

“[T]here has been progress [between Cuba and the U.S. since December 2014] in the dialogue and cooperation on issues of common interest and a dozen agreements were signed [and] reciprocal benefits reported. Now just announced the vote of the US abstention on this draft resolution.”

“The [U.S.] president and other top officials have described [the embargo/blockade] as obsolete, useless to advance American’s interests, meaningless, unworkable, being a burden for [U.S.] citizens, . . . [harming] the Cuban people and [causing]. . . isolation to the [U.S.] and [have] called [for the embargo/blockade] to be lifted.”

“We recognize that executive measures [to reduce the scope of the embargo] adopted by the government of the [U.S.] are positive steps, but [have] very limited effect and scope. However, most of the executive regulations and laws establishing the blockade remain in force and are applied rigorously to this minute by U.S. government agencies.”

“Meanwhile, the U.S. Congress has not approved any of the 20 amendments or legislative initiatives, with bipartisan support, . . . [for] eliminating some restrictions of the blockade or even all of this policy. [Moreover,] there have been more than 50 legislative initiatives that threaten to reinforce key aspects of the blockade, preventing the President [from] approving new executive or implementing measures already adopted.”

“It cannot be underestimated in any way the powerful political and ethical message that [action by this Assembly] . . . sends to the peoples of the world. The truth always [finds] its way. Ends of justice prevail. The abstention vote announced surely is a positive step in the future of improved relations between the[U.S.] and Cuba. I appreciate the words and the efforts of Ambassador Samantha Power.”

“[There] are incalculable human damages caused by the blockade. [There is no] Cuban family or industry in the country that does not suffer its effects on health, education, food, services, prices of goods, wages and pensions.” For example, the “imposition of discriminatory and onerous conditions attached to the deterrent effects of the blockade restrict food purchases and the acquisition in the U.S. market for drugs, reagents, spare parts for medical equipment and instruments and others.”

“The [embargo/] blockade also [adversely] affects the interests of American citizens themselves, who could benefit from various services in Cuba, including health [services].”

“The [embargo/] blockade remains a massive, flagrant and systematic violation of human rights of all Cubans and qualifies as an act of genocide under the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. It is an obstacle to cooperation [in] international humanitarian areas.”

“The blockade is the main obstacle to economic and social development of our people. It constitutes a flagrant violation to international law, the United Nations Charter and the Proclamation of Latin America and the Caribbean as a Zone of Peace. Its extraterritorial application adds further to its violation of international law nature of magnitude.”

“Other causes, in addition to [the blockade/embargo] . . . , determine our economic difficulties: the unjust international economic order; the global crisis; the historical distortions and structural weaknesses caused by underdevelopment; high dependence on energy and food imports; the effects of climate change and natural disasters; and also . . . our own mistakes.”

“Between April 2015 and March 2016, the direct economic damage to Cuba by the blockade amounted to $4.68 billion at current prices, calculated rigorously and prudently and conservatively. The damages accumulated over nearly six decades reach the figure of $753 billion, taking into account depreciation of gold. At current prices, [that is] equivalent to just over $125 billion.”

“On 16 April 2016 President Raul Castro Ruz said, ‘We are willing to develop a respectful dialogue and build a new relationship with the [U.S.], as that has never existed between the two countries, because we are convinced that this alone . . . [will provide] mutual benefits.’ And last September 17, he said ‘I reaffirm the will to sustain relations of civilized coexistence with the [U.S.], but Cuba will not give up one of its principles, or make concessions inherent in its sovereignty and independence.’”

“The government of the [U.S.] first proposed the annexation of Cuba and, failing that, to exercise their domination over it. The triumph of the Cuban Revolution . . . [prompted the U.S. adoption of the embargo whose purpose] was ‘to cause disappointment and discouragement through economic dissatisfaction and hardship … to deny Cuba money and supplies, in order to reduce nominal and real wages, with the aim of causing hunger, desperation and overthrow of government. ‘”

“The [new U.S.] Presidential Policy Directive [states] that the Government of the [U.S.] recognizes ‘the sovereignty and self-determination of Cuba’ and [the right of] the Cuban people to make their own decisions about their future.’” It also states “the U.S. will not seek a ‘change of regime in Cuba.’”[2]

But the Directive also says “’the [U.S.] will support the emerging civil society in Cuba and encourage partners and non-governmental actors to join us in advocating in favor of reforms. While the United States remain committed to supporting democratic activists, [we] also [will] participate with community leaders, bloggers, activists and other leaders on social issues that can contribute to the internal dialogue in Cuba on civic participation.’ The Directive goes on to say: “The [U.S.] will maintain our democracy programs and broadcasting, while we will protect our interests and values, such as Guantanamo Naval Base … The government of the United States has no intention of modifying the existing lease agreement and other related provisions.’”

The Directive also asserts that Cuba “remains indebted to the [U.S.] regarding bilateral debts before the Cuban Revolution.”

The U.S. needs to “recognize that change is a sovereign matter for Cubans alone and that Cuba is a truly independent country. It gained its independence by itself and has known and will know how to defend [its] greatest sacrifices and risks. We are proud of our history and our culture that are the most precious treasure. We never forget the past because it is the way never to return to it. And we decided our path to the future and we know that is long and difficult, but we will not deviate from it by ingenuity, by siren songs, or by mistake. No force in the world can force us to it. We will strive to build a sovereign, independent, socialist, democratic, prosperous and sustainable nation. We will not return to capitalism.”

Other Countries’ Statements of Support[3]

During the debate the following 40 countries expressed their support of the resolution:

  • Latin America: Argentina, Bolivia, Brazil, Colombia, Costa Rica, Dominican Republic (for Commonwealth of Latin American and Caribbean States (CELAC)), Ecuador, El Salvador, Jamaica (for Caribbean Community (CARICOM)), Mexico, Nicaragua, Saint Vincent and Grenadines, Uruguay and Venezuela (for Non-Aligned Movement (NAM)).
  • Africa: Algeria, Angola, Libya, Mozambique, Namibia, Niger (for African States), South Africa, Sudan and Tonga.
  • Middle East: Egypt, Kuwait (for Organization of Islamic Conference (OIC)) and Syria.
  • Asia: Belarus, China, Democratic People’s Republic of Korea [North Korea], India, Indonesia, Iran, Lao People’s Democratic Republic, Malaysia, Myanmar, Russian Federation, Singapore (for Association of Southeast Asian Nations (ASEAN)), Thailand (for Group of 77 and China) and Viet Nam.
  • Europe: Slovakia (for European Union (EU)).

U.S. Abstention[4]

Samantha Power
Samantha Power

The U.S. Ambassador and Permanent Representative to the United Nations, Samantha Power, announced the U.S. abstention before the debate and voting on the resolution. Here are extracts of her speech about that vote.

“For more than 50 years, the [U.S.] had a policy aimed at isolating the government of Cuba. For roughly half of those years, U.N. Member States have voted overwhelmingly for a General Assembly resolution that condemns the U.S. embargo and calls for it to be ended. The [U.S.] has always voted against this resolution. Today the [U.S.] will abstain.”

“In December 2014, President Obama made clear his opposition to the embargo and called on our Congress to take action to lift it. Yet while the Obama Administration agrees that the U.S. embargo on Cuba should be lifted, . . . we don’t support the shift for the reason stated in this resolution. All actions of the [U.S.] with regard to Cuba have been and are fully in conformity with the U.N. Charter and international law, including applicable trade law and the customary law of the sea. We categorically reject the statements in the resolution that suggest otherwise.”

“But [today’s] resolution . . . is a perfect example of why the U.S. policy of isolation toward Cuba was not working – or worse, how it was actually undermining the very goals it set out to achieve. Instead of isolating Cuba, . . . our policy isolated the [U.S.], including right here at the [U.N.].”

“Under President Obama, we have adopted a new approach: rather than try to close off Cuba from the rest of the world, we want the world of opportunities and ideas open to the people of Cuba. After 50-plus years of pursuing the path of isolation, we have chosen to take the path of engagement. Because, as President Obama said in Havana, we recognize that the future of the island lies in the hands of the Cuban people.”[5]

“Abstaining on this resolution does not mean that the [U.S.] agrees with all of the policies and practices of the Cuban government. We do not. We are profoundly concerned by the serious human rights violations that the Cuban government continues to commit with impunity against its own people – including arbitrarily detaining those who criticize the government; threatening, intimidating, and, at times, physically assaulting citizens who take part in peaceful marches and meetings; and severely restricting the access that people on the island have to outside information.”

“We [,however,] recognize the areas in which the Cuban government has made significant progress in advancing the welfare of its people, from significantly reducing its child mortality rate, to ensuring that girls have the same access to primary and secondary school as boys.”

“But none of this should mean that we stay silent when the rights of Cuban people are violated, as Member States here at the [U.N.] have too often done. That is why the [U.S.] raised these concerns directly with the Cuban government during our [recent] historic dialogue on human rights . . ., which shows that, while our governments continue to disagree on fundamental questions of human rights, we have found a way to discuss these issues in a respectful and reciprocal manner.[6] We urge other Member States to speak up about these issues as well.”

“As President Obama made clear when he traveled to Havana, we believe that the Cuban people – like all people – are entitled to basic human rights, such as the right to speak their minds without fear, and the right to assemble, organize, and protest peacefully. Not because these reflect a U.S.-centric conception of rights, but rather because they are universal human rights – enshrined in the U.N. Charter and in the Universal Declaration of Human Rights – which all of our 193 Member States are supposed to respect and defend. Rights that are essential for the dignity of men, women, and children regardless of where they live or what kind of government they have.”

The U.S. concedes that it “has work to do in fulfilling these rights for our own citizens. And we know that at times in our history, U.S. leaders and citizens used the pretext of promoting democracy and human rights in the region to justify actions that have left a deep legacy of mistrust. We recognize that our history, in which there is so much that makes us proud, also gives us ample reason to be humble.”

“The [U.S.] believes that there is a great deal we can do together with Cuba to tackle global challenges. That includes here at the [U.N.], where the decades-long enmity between our nations has at best been a distraction – and at worst, an obstacle – to carrying out some of the most important work of this institution and helping the world’s most vulnerable people.”

U.S. Reactions[7]

Engage Cuba, a U.S. national coalition of private companies, organizations and state and local leaders working to lift the embargo, said, “Year after year, the international community has condemned our failed unilateral sanctions that have caused great economic hardship for the people of Cuba and continue to put American businesses at a competitive disadvantage. The fact that the Administration and Israel abstained from voting for the first time ever demonstrates the growing recognition that the U.S. embargo on Cuba is a failed, obsolete policy that has no place in today’s international affairs.”

Senator Marco Rubio (Rep., FL), on the other hand, blasted the abstention, saying the Obama administration had failed to honor and defend U.S. laws in an international forum. Similar negative reactions were registered by Senators Ted Cruz (Rep., FL) and Robert Menendez (Dem., NJ), Republican Representatives from Florida, Ileana Ros-Lehtinen and Mario Diaz-Balart, and the U.S.-Cuba Democracy PAC.

As an U.S. citizen-advocate for ending the embargo as soon as possible, I am pleased with the U.S. abstention and agree with Ambassador Power that this vote does not mean the U.S. agrees with the resolution’s stated reasons.

Moreover, too many in the U.S. believe the Cuban damages claim from the embargo is just a crazy Cuban dream, but I disagree. Given the amount of the claim, Cuba will not someday tell the U.S. to forget it. A prior post, therefore, suggested that the two countries agree to submit this and any other damage claims by both countries for resolution by an independent international arbitration panel such as those provided by the Permanent Court of Arbitration at the Hague in the Netherlands.

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[1] U.N. Press Release, U.S. abstains for first time in annual UN vote on ending embargo against Cuba (Oct. 26, 2016).

[2] A prior post replicated the Presidential Policy Directive while another post provided reactions thereto.

[3] U.N. Press Release, General Assembly Plenary (Oct. 26, 2016); The defeat of the blockade is the world’s largest moral and political victory for the people of Cuba against the empire, Granma (Oct. 26, 2016) (Venezuela’s statement); Today not only do we vote against the blockade, we voted for hope, Granma (Oct. 26, 2016) (Bolivia’s statement).

[4] Ambassador Power, Remarks at a UN General Assembly Meeting on the Cuban Embargo (Oct. 26, 2016).  Israel, which also abstained, merely said that it welcomed the improved U.S.-Cuba relations and hoped it would lead to a new era in the region.

[5] A prior post reviewed President Obama’s eloquent speech in Havana to the Cuban people.

[6] A prior post reviewed the limited public information about the recent human rights dialogue.

[7] Ordońez, For 1st time, U.S. changes its position on U.N. resolution blasting Cuba trade embargo, InCubaToday (Oct. 26, 2016); Engage Cuba, Press Release: Engage Cuba Praises First Ever Unanimous Passage of United Nations Resolution Condemning the Cuban Embargo (Oct. 26, 2016); Lederer & Lee, US abstains in UN vote on Cuba embargo for the first time, Wash. Post (Oct. 26, 2016); Rubio, Rubio: Obama Admin Ignoring U.S. Law on Cuba Embargo, Giving More Concessions to Castro Regime at U.N. (Oct. 26, 2016).

The Personal Jurisdiction Requirement for Civil Lawsuits in U.S. Courts

A certain connection between a defendant and the geographical jurisdiction of a court is necessary in order for a civil lawsuit to proceed in the U.S.

This connection exists, for instance, if an individual defendant is served with a summons and complaint while he is in the geographical jurisdiction of the court or if the defendant waives the defense of lack of personal jurisdiction. Similarly there is clearly personal jurisdiction when an individual defendant is a resident of the geographical jurisdiction of the court or a defendant corporation or other business entity was organized under the laws of that jurisdiction or is “doing business” there.

U.S. Supreme Court Building

In addition, there is personal jurisdiction if the defendant has sufficient “minimum contacts” with the forum state, such that summoning the defendant to the forum state would not offend “‘traditional notions of fair play and substantial justice.’ ” This is the U.S. Supreme Court’s articulation of the requirement under the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution. The Supreme Court also has said that a defendant’s “minimum contacts” with the forum must be more than “random,” “fortuitous,” or “attenuated.” Sufficient contacts exist when “the defendant’s conduct and connection with the forum . . . are such that he should reasonably anticipate being haled into court there.” In assessing the defendant’s reasonable anticipation, there must be “ ‘some act by which the defendant purposefully avails itself of the privilege of conducting activities within the forum . . ., thus invoking the benefits and protections of its laws.’ ”[1]

This test is the same whether the defendant is from another state in the U.S. or from a foreign country. However, as the United States Supreme Court has stated, “ ‘Great care and reserve should be exercised when extending our notions of personal jurisdiction into the international field.’ ”[2]

Thus, any defense lawyer in a civil case immediately must determine whether personal jurisdiction obviously is established or whether there is a legitimate basis to challenge this requirement by asserting the defense in the answer to the complaint or by moving to dismiss the case before anything else happens.[3]

As a civil litigator, I encountered this issue all the time in my practice. In two cases for foreign clients I obtained dismissal of the complaint for lack of such jurisdiction at the start of the cases.

Fraser Bridge, Delta, B.C., Canada

In one case, my client was a Canadian corporation from Delta, British Columbia that was a subcontractor to a company from the State of Washington that had an agreement with a Twin Cities FM-radio station to provide certain electronic equipment for the station. The equipment was manufactured by the Canadian company and sold to the Washington company that in turn sold it to the radio station. The equipment allegedly did not work properly so the station sued the Canadian company in a Minnesota state court. The trial court granted the motion to dismiss for lack of personal jurisdiction, and the appellate court affirmed. The latter emphasized that the Canadian company never had an office, owned property or filed tax returns in Minnesota, had never had a mailing address or telephone number in this State, and did not negotiate any agreement with the radio station. While the Canadian company, upon request, shipped the equipment directly to the station in Minnesota and later sent a technician to the state to attempt to fix the equipment, hand delivered a part for the equipment to the station and mailed certain drawings of the equipment directly to the station for use by its consultant, these contacts were insufficient to justify jurisdiction.[4]

Singapore skyline

In the other case, my clients were parent and subsidiary companies from Singapore. Again the trial court (Post: Minnesota’s Federal Court (June 28, 2011) dismissed the case for lack of personal jurisdiction, and the appellate court affirmed. The latter court noted that the Singapore subsidiary had sent numerous letters and faxes and made several telephone calls to Minnesota in connection with the contract and that the contract contained a Minnesota choice-of-law provision. In addition, the Singapore subsidiary sent four samples of the product in question to Minnesota. These, however, the court held to be insufficient to justify personal jurisdiction.[5]

The appellate court in this second case concluded by saying that the negotiations, meetings, production, and delivery were all centered in Singapore. The contacts with Minnesota appeared at best as inconsequential rather than substantial under these circumstances. The Singapore subsidiary did not create a substantial connection between itself and Minnesota, it merely engaged in negotiations with a purchaser who happened to reside in Minnesota. Given the nature and quality of the Singapore subsidiary’s  contacts with Minnesota, traditional notions of fair play and substantial justice indicated that it would not expect to litigate in the State of Minnesota.[6]

The personal jurisdiction issue is part of the regular tool kit of the trial lawyer and litigator. Yet it is built on the constitutional bedrock of fair play.


[3] E.g., Federal Rules of Civil Procedure 8 (c ), 12(b)(2).

[4]  KSTP-FM, LLC v. Adtronics Signs, Ltd., 602 N.W.2d 919 (Minn. Ct. App. 1999).

[5] Digi-Tel Holdings, Inc. v. Proteq Communications, Inc., 89 F.3d 519 (8th Cir. 1996).

[6]  Id.