U.S. Supreme Court just opened door for ExxonMobil to sue Cuban state firms over property grabbed after Castro took power. Tuesday's 6-3 decision says 1996 Helms-Burton Act lets U.S. companies go after compensation for assets seized more than 65 years ago.
Second time recently court backs U.S. owners seeking payback for Cuban asset grabs. This ruling overturns lower court that had shielded Cuban state firms from U.S. lawsuits.
Key question — does Helms-Burton strip foreign governments of protections under Foreign Sovereign Immunities Act (FSIA)? Justices say foreign immunity doesn't cover cases like ExxonMobil's vs. CIMEX,a Cuban state company.
“The Helms-Burton Act authorizes private suits against Cuban agencies and instrumentalities,” Justice Brett Kavanaugh wrote for the majority. “Suits that would largely be nonstarters if subjected to the FSIA’s requirements.”
Conservative justices made up majority. Justice Elena Kagan dissented,joined by two liberals. Kagan claimed plaintiffs must prove their claims bypass FSIA protections,arguing Helms-Burton doesn't clearly revoke Cuban defendants' sovereign immunity.
ExxonMobil wants compensation for seized assets of Standard Oil subsidiaries. Claims include over 100 service stations,an oil refinery. U.S . Foreign Claims Settlement Commission pegged 1969 value at $71.6 million — could be around $3 billion today with interest,damages.
Last month,court also revived claims from a U.S. company operating Havana docks. Case involved cruise lines bringing tourists to Cuba during Obama-era thaw. Both cases hinge on same Helms-Burton section allowing lawsuits over Cuban-seized property.
Title III of Helms-Burton lets Americans sue entities benefiting from seized property. Before Trump, U.S. presidents suspended this part,concerned about allies' Cuba business and future talks. But President Donald Trump ended suspension in 2019,just as ExxonMobil sued CIMEX.
Altogether,nearly 6,000 claims valued at $1.9 billion,excluding interest or damages. Supreme Court's recent moves might give U.S. companies fresh path against Cuba's property seizures …
