Havana Docks Corp. v. Royal Caribbean Cruises, Ltd. · ¶60

If petitioner is correct, then petitioner potentially could recover $110 million from every person who uses the docks in any way. Here, petitioner sued four cruise lines who used the docks, but on its theory, nothing would prevent it from recovering even more if other cruise lines had used the docks in the past or if any cruise line uses them again in the future. Nor would petitioner necessarily be limited to one recovery against each cruise line. It could possibly seek to recover the full $110 million against respondents for each individual cruise; each docking, after all, was potentially an independent instance of trafficking. See 28 U. S. C. § 1603(d) (defning “commercial activity” to mean “either a regular course of commercial conduct or a particular commercial transaction or act”); 22 U. S. C. § 6023(3) (incorporating that definition); see also §6023(13)(A)(ii); but see…

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.