Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶46

The Court of Appeals interpreted the Act to demand a counterfactual analysis. “[T]he way to give effect to the statutory language (`traffcs in property which was confscated'),” the court said, “is to 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.

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