Supreme Court issues decision on Helms-Burton Act

In the second opinion announced Tuesday morning, the Supreme Court issued its decision in Exxon Mobil v. Corporacion Cimex, S.A., a case addressing whether the Helms-Burton Act abrogates foreign sovereign immunity for suits against Cuban agencies and instrumentalities.Justice Kavanaugh delivered the majority opinion, joined by the Chief Justice and Justices Thomas, Alito, Gorsuch, and Barrett. Justice Kagan filed a dissent, joined by Justices Sotomayor and Jackson.
The court held that the Helms-Burton Act itself abrogates the sovereign immunity of Cuban agencies and instrumentalities. As a result, plaintiffs bringing claims under the Act against Cuban entities need not separately satisfy one of the FSIA’s enumerated exceptions to foreign sovereign immunity.
The court’s decision is likely to affect litigation involving claims arising from property confiscated by the Cuban government, including suits brought by U.S. companies seeking compensation for the use of their expropriated property.
At least one more opinion is expected.

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