The question
Whether a Title III plaintiff whose confiscated property interest was a time-limited concession must show that a defendant trafficked in that specific interest, or whether use of the underlying physical property the Cuban Government confiscated is enough.
Havana Docks Corp. v. Royal Caribbean Cruises, Ltd.
What the Court decided
The Court held that the cruise lines' use of the Havana docks establishes that they used property that the Cuban Government confiscated, and that Havana Docks did not have to show the cruise lines trafficked in its particular property interest, the concession. Under the plain text of Title III of the Helms-Burton Act, "property which was confiscated" can mean the physical property in which the plaintiff held an interest, not only the interest itself. The Act imposes liability for trafficking in both physical property and property interests.
How the justices split
8-1The Court's opinion
Thomas, joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, Jackson
Title III makes any person who traffics in property confiscated by the Cuban Government liable to a United States national who owns the claim to that property. The phrase property which was confiscated can refer to the physical property in which the plaintiff held an interest, not only the interest itself. The Act imposes liability for trafficking in both physical property and property interests, so the cruise lines' use of the docks establishes use of confiscated property without a showing that they trafficked in Havana Docks' concession.
Concurring
Sotomayor, joined by Kavanaugh
Sotomayor joined the Court's opinion and wrote separately. The syllabus text provided does not state the grounds of the concurrence.
Dissenting
Kagan, writing alone
Kagan dissented. The syllabus text provided does not state the grounds of the dissent.
How we know · 5 sourced claims
The Court held that the cruise lines' use of the docks is sufficient to establish that they used property confiscated by the Cuban Government.
Source: syllabus, Held
Havana Docks was not required to establish that the cruise lines trafficked in Havana Docks' own property interest, the concession.
Source: syllabus, Held
Under the plain text of Title III, property which was confiscated can refer to the physical property in which the plaintiff had an interest, not just the interest itself.
Source: syllabus, Held
Thomas delivered the opinion of the Court, joined by Roberts, Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson.
Source: syllabus, lineup
Sotomayor filed a concurring opinion joined by Kavanaugh, and Kagan filed a dissenting opinion.
Source: syllabus, lineup