Supreme Court Reinstates Helms-Burton Claims Against Four Cruise Lines

Overview

• On Thursday the Supreme Court reversed the 11th Circuit in an 8–1 decision, restoring Havana Docks Corporation’s ability to pursue Helms‑Burton claims against Carnival, Norwegian, Royal Caribbean and MSC.
• A 2022 federal judge had found the cruise lines liable and ordered awards of more than $100 million per company, judgments that were vacated by the 11th Circuit but are now back in play.
• The suits rest on Title III of the 1996 Helms‑Burton Act, which lets U.S. claimants sue those who 'traffic' in property confiscated by Cuba after January 1, 1959; presidents historically suspended that private right until it was reactivated in 2019.
• The decision turns on long‑running questions about a 1934, 99‑year Havana Docks concession and whether any property interest survived an alleged 2004 expiration, a point the appeals court relied on and the Supreme Court rejected.
• The ruling increases the odds of further high‑stakes litigation, leaves a major ExxonMobil claim unresolved before the Court, and could prompt commercial, insurance and diplomatic ripple effects for firms doing business with Cuba.