Washington– The Supreme Court on Thursday ruled in favor of owners of Cuban property confiscated by Fidel Castro’s government more than 65 years ago.
By a majority of 8 to 1, the justices revived claims made by the American company Havana Docks, which operated docks in the Cuban capital. The lawsuit targets four cruise lines that took tourists to Cuba during the brief thaw in relations during the Obama administration.
Judge Clarence Thomas wrote for the court that the federal appeals court in Atlanta was wrong to dismiss the claims, holding that “the cruise lines used forfeited property owned by Havana Docks.”
The court’s ruling is not a final decision in the lawsuit brought by Havana Docks. But this comes amid increasing pressure on Cuba from the administration of President Donald Trump, including the indictment released on Wednesday Former Cuban President Raul Castro In shooting down civilian aircraft piloted by exiles residing in Miami in 1996.
The Supreme Court case was based on a provision of a federal law known as Helms-Burton, which Congress passed in response to the shootings. Title III of the law allows Americans to sue any company that conducts business or benefits from property confiscated by the Cuban government.
Prior to the first Trump administration, each president had suspended this provision over the objections of U.S. allies doing business in Cuba and the impact on future negotiated settlements between the United States and Cuba.
In 2016, President Barack Obama used a joint press conference with Castro to announce the possibility of cruise lines resuming service to Cuba. Carnival, Norway, Royal Caribbean and MSC Cruises have begun stopping in Havana allowing cruise passengers to go on excursions to local nightclubs, landmarks, rivers and beaches.
But that changed suddenly in 2019, when Trump announced He decided to activate the ruling on the permissibility of filing lawsuits And then New restrictions announced On travel. Cruise lines hastily dropped their Cuba and… Redirect ships on the move.
Ruling in the lawsuit brought by Havana Docks, U.S. District Judge Beth Bloom in Miami found the cruise lines liable for their use of a Havana terminal that the company once controlled.
Bloom ruled that licenses granted by the Obama-era Treasury Department to carry American passengers to Cuba did not protect cruise lines from lawsuit.
Havana Docks has awarded more than $400 million in total. The Federal Cruise Lines Court of Appeals overturned the ruling.
The case now returns to the Court of Appeal. Thomas acknowledged that cruise lines have additional arguments that have yet to be adjudicated.
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