Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶24

A divided panel of the United States Court of Appeals for the Eleventh Circuit reversed. It held that the cruise lines had not traffcked in confscated property to which Havana Docks owned a claim. In its view, courts must “view the property interest at issue in a Title III action as if there had been no expropriation and then determine whether the alleged conduct constituted trafficking in that interest.” 119 F. 4th, at 1287. Applying that test, it concluded that, because “any property interest that Havana Docks had by virtue of th[e] concession ended” in 2004, “the cruise lines' conduct from 2016 to 2019” would not have constituted trafficking if there had been no confscation. Id., at 1288. Its analysis assumed that Havana Docks had to establish trafficking in the time-limited property interest that had permitted it to build and operate the docks.

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