We’ve blogged several times about the ongoing litigation between Havana Docks and various cruise lines. To bring everyone up to speed, the Helms-Burton Act makes it unlawful to “traffic” in private property confiscated by the Cuban government. Havana Docks sued several cruise lines, arguing that they used its confiscated docks to bring tourists to Cuba. Havana Docks won a roughly $400 million judgment at the trial court level before Judge Bloom. But the Eleventh Circuit reversed, holding that the company’s concession to operate the docks had expired before the alleged trafficking occurred.
There was a dissent. Judge Brasher said the expiration date didn’t matter. What mattered was that the cruise lines trafficked in the confiscated property (the docks themselves).
Yesterday, the Supreme Court weighed in. It agreed with Judge Brasher and Judge Bloom and convincingly so (the vote was 8-1). Justice Thomas, writing for the Court, held that the Act targets the use of confiscated property itself, not merely the specific property interest the plaintiff once held. Cuba’s 1960 takeover “tainted” the physical docks as confiscated property, and the cruise lines later used those same docks commercially without Havana Docks’ authorization.
Justice Kagan dissented. She thought the Eleventh Circuit majority had it right. Havana Docks owned only a time-limited concession (not the docks themselves). And because the concession expired in 2004, which was years before the cruise lines’ use of the docks, there was no trafficking.
You can read the whole thing here.
This was a big win for the law firm of Colson Hicks Eidson and the team of Bob Martinez, Stephanie Casey, Tom Kroeger, and Zach Lipshultz. Speaking for the team, Bob Martinez gave this quote to the SDFLA Blog:
“We are gratified by the Court’s decision. Havana Docks has waited 66 years for justice and today marks one step closer to obtaining it. No one should be allowed to profit from and subsidize Raúl Castro and the Cuban military by doing business with that brutal dictatorship.”
And with that, Bob dropped the mic.
I hope everyone enjoys the Memorial Day weekend.
1 comment:
Love Bob, but, as Biden would say, Come on, man: The federal government expressly permitted the cruise lines to travel to Cuba (as Justice Sotomayor, joined by Justice Kavanaugh and citing the position made at oral argument by the United States, mentioned in the concurring opinion).
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