Havana Docks Corp. v. Royal Caribbean Cruises Ltd. | Oral Argument: 2/23/2026 | Case No. 24-983 | Docket Link: Here

Question Presented: Whether Title III liability requires proving defendants trafficked in property plaintiff currently owns a claim to, or property plaintiff would own absent confiscation.

Overview: Cuban property confiscation case challenges Eleventh Circuit's "counterfactual analysis" requiring proof of hypothetical property ownership, potentially gutting Congress's primary tool for pressuring hostile regimes.

Posture: Eleventh Circuit reversed district court grant of summary judgment for petitioner.

Main Arguments:

• Havana Docks (Petitioner): (1) Statute creates liability when plaintiff "owns the claim," not hypothetical property ownership; (2) Cuba confiscated physical dock facilities, not abstract concession rights; (3) Narrow interpretation defeats congressional deterrence objectives

• Cruise Lines (Respondent): (1) Property law requires respecting temporal limitations on original rights; (2) Concession excluded passenger services, preventing trafficking in cargo-only rights; (3) Congress balanced deterrence against property law principles

Implications: Havana Docks victory preserves congressional sanctions tool and reinforces meaningful private remedies against hostile regimes. Cruise lines victory creates roadmap for exploiting confiscated property through temporal limitations arguments, undermining deterrent effect and foreign policy objectives toward Cuba.

The Fine Print:

• 22 U.S.C. §6082(a)(1)(A): "Any person who traffics in property which the Cuban Government confiscated shall face liability to any United States national who owns the claim to such property"

• 22 U.S.C. §6023(12)(A): "Property" includes "any present, future, or contingent right, security, or other interest therein, including any leasehold interest"

Primary Cases:

• Humphrey's Executor v. United States (1935): Congress can restrict presidential removal power for independent agencies through "for cause" requirements, establishing legislative authority over agency independence

• United States v. Atlantic Research Corp. (2007): Courts reject interpretations that "reduce potential plaintiffs to almost zero, rendering statutory provisions a dead letter"