Supreme Court of the United States · Official docket →
Havana Docks Corporation v. Royal Caribbean Cruises, Ltd., et al.
Paid petition · United States Court of Appeals for the Eleventh Circuit, No. 23-10151, 23-10171 · judgment October 22, 2024
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
The LIBERTAD Act is an essential pillar of United States foreign policy toward Cuba's hostile and anti-American regime. Title III of that Act creates a private right of action for United States nationals who have a claim to property confiscated by that regime against persons who traffic in that property. 22 U.S.C. § 6082(a)(1). The Act specifies that such trafficking "undermines the foreign policy of the United States" by, among other things, "provid[ing] badly needed financial benefit" to the Cuban regime. Id. § 6081(6). The question presented here applies in every case brought under Title III, and will determine whether that provision continues to advance U.S. foreign policy toward Cuba: whether a plaintiff must prove that the defendant trafficked in property confiscated by the Cuban government as to which the plaintiff owns a claim (as the statute requires), or instead that the defendant trafficked in property that the plaintiff would have continued to own at the time of trafficking in a counterfactual world "as if there had been no expropriation" (as the divided Eleventh Circuit panel held below).
Counsel of record
For petitioner
Richard D. Klingler
Ellis George LLP
For respondent
Paul D. Clement
Clement & Murphy, PLLC
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 5 merits
(3 supporting pet./neither, 2 respondent)
Argument & decision
Argued February 23, 2026 — Richard D. Klingler · Paul D. Clement. Audio and transcript
Decided May 21, 2026. Opinion by Thomas.
Proceedings
- Aug 05 2026Record returned to the United States District Court for the Southern District of Florida.
- Jun 22 2026Judgment Issued.
- May 21 2026Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Sotomayor, Gorsuch, Kavanaugh, Barrett, and Jackson, JJ., joined. Sotomayor, J., filed a concurring opinion, in which Kavanaugh, J., joined. Kagan, J., filed a dissenting opinion.
- Feb 23 2026Argued. For petitioner: Richard D. Klingler, Washington, D. C.; and Aimee Brown, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Paul D. Clement, Alexandria, Va.
- Jan 23 2026Record received from the United States Court of Appeals for the Eleventh Circuit. The record is electronic and is available on PACER.
- Jan 21 2026CIRCULATED
- Jan 16 2026Reply of petitioner Havana Docks Corporation filed.
- Jan 15 2026Record received from the United States District Court for the Southern District of Florida and available with the Clerk (one envelope).
- Jan 12 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 05 2026Record requested from the United States Court of Appeals for the Eleventh Circuit.
- Jan 02 2026SET FOR ARGUMENT on Monday, February 23, 2026.
- Dec 29 2025Brief amicus curiae of Cruise Lines International Association filed.
- Dec 24 2025Brief amici curiae of U.S. Travel Association, et al. filed.
- Dec 22 2025Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Dec 17 2025Brief of respondents Royal Caribbean Cruises, Ltd., et al. filed.
- Nov 24 2025Brief amicus curiae of United States filed.
- Nov 24 2025Brief amici curiae of Representative Mario Díaz-Balart, et al. filed.
- Nov 24 2025Brief amicus curiae of Daniel W. Fisk filed.
- Nov 17 2025Brief of petitioner Havana Docks Corporation filed.
- Nov 17 2025Joint appendix filed. (Statement of cost filed)
- Oct 03 2025Petition GRANTED.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 10 2025Supplemental brief of respondents Royal Caribbean Cruises, Ltd., et al. filed. (Distributed)
- Aug 27 2025Brief amicus curiae of United States filed.
- Aug 13 2025Supplemental brief of petitioner Havana Docks Corporation filed.
- Jun 30 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Jun 10 2025DISTRIBUTED for Conference of 6/26/2025.
- Jun 06 2025Reply of petitioner Havana Docks Corporation filed. (Distributed)
- May 23 2025Brief of respondents Royal Caribbean Cruises, Ltd., et al. in opposition filed.
- Apr 03 2025Motion to extend the time to file a response is granted and the time is extended to and including May 23, 2025.
- Apr 02 2025Motion to extend the time to file a response from April 24, 2025 to May 23, 2025, submitted to The Clerk.
- Mar 25 2025Response Requested. (Due April 24, 2025)
- Mar 19 2025DISTRIBUTED for Conference of 4/4/2025.
- Mar 17 2025Waiver of right of respondents Royal Caribbean Cruises, Ltd., et al. to respond filed.
- Mar 14 2025Brief amici curiae of Representative Mario Díaz-Balart, et al. filed.
- Mar 06 2025Petition for a writ of certiorari filed. (Response due April 14, 2025)