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Supreme Court Takes Up Helms-Burton Cases on Cuba Seizures Involving Exxon and Cruise Lines

The cases test whether a 1996 sanctions law displaces sovereign-immunity limits in U.S. courts.

Overview

  • The Court agreed to hear Exxon's appeal seeking to sue Cuban state-owned firms without first meeting a Foreign Sovereign Immunities Act exception.
  • The Justice Department backed Exxon's position, citing U.S. foreign-policy interests in compensating Americans for assets expropriated by Castro’s regime.
  • In a separate case, Havana Docks Corporation asked the justices to reinstate a $440 million judgment against Carnival, MSC, Norwegian, and Royal Caribbean that an appeals court reversed.
  • The Eleventh Circuit found Havana Docks’ 99-year operating rights to the Havana piers expired in 2004, a conclusion the cruise lines say resolves the dispute.
  • Arguments will be heard this term with decisions expected by next summer, as stakes include Exxon's certified losses of roughly $71.6–$72 million and nearly $1.9 billion in other certified claims, with suits enabled after the suspension was lifted on May 2, 2019.