Overview
- The Supreme Court, which ruled Thursday, vacated an 11th Circuit reversal and revived Havana Docks’ claim that Royal Caribbean, Carnival, Norwegian and MSC trafficked in property confiscated by Cuba.
- A Miami district judge previously awarded roughly $440 million to Havana Docks for the cruise lines’ use of the Port of Havana between 2016 and 2019, but the Supreme Court’s decision does not finalize liability or damages.
- Justice Clarence Thomas wrote the majority opinion that a claimant need only show the defendant used ‘‘confiscated property’’ itself rather than prove the claimant’s specific contractual interest would have survived in a counterfactual.
- Justice Elena Kagan dissented that Havana Docks’ time‑limited concession expired in 2004 and therefore the docks belonged to the Cuban government, while Justice Sonia Sotomayor warned the majority’s reading could allow repeated recoveries from many users.
- The ruling comes after the Trump administration let Title III litigation proceed in 2019 and follows recent U.S. actions targeting Cuban officials, a combination that could prompt more Helms‑Burton suits and raise diplomatic and commercial tensions.