The U.S. Court of Appeals for the Eleventh Circuit reversed a $440 million judgment against four cruise lines, including BSF client Carnival Corp., as well as Norwegian Cruise Line Holdings Ltd., Royal Caribbean Cruises Ltd., and MSC Cruises SA CO.
The suit accused the cruise lines of wrongly docking at plaintiff Havana Docks Corporation’s terminal, which the Cuban government seized decades ago but to which Havana Docks holds a claim. The Eleventh Circuit agreed with BSF’s argument that the cruise lines aren’t liable under Title III of the Helms-Burton Act for transporting passengers to the Havana terminal, because the plaintiff’s property interest in the pier lasted only until 2004, years before the cruises at issue began in 2015. The ruling upends a 2022 decision by the U.S. District Court for the Southern District of Florida, which wrongly found that the cruise lines “committed trafficking acts” by carrying passengers to the port facilities in 2015-2019.
Several news outlets reported on the decision. Please see links below.
LAW360: 11th Circ. Nixes $440M Win For Dock Co. In Cuba Port Row
BLOOMBERG LAW: Cruise Lines Beat $440 Million Ruling in Cuban Travel Suit