US Supreme Court boosts Exxon's bid to get compensation from Cuba
Source: msn/Reuters
12h
WASHINGTON, June 23 (Reuters) - The U.S. Supreme Court made it easier on Tuesday for U.S. companies to seek compensation from Cuba's government for property seized decades ago by former leader Fidel Castro's government, ruling in favor of ExxonMobil in its lawsuit against Cuban state-owned firm Corporación CIMEX.
In a 6-3 decision, the court said a legal defense called foreign sovereign immunity, which generally prohibits U.S. lawsuits against foreign governments and their agents, is not available in cases like the one Exxon brought against CIMEX under a 1996 U.S. law called the Helms-Burton Act.
Conservative Justice Brett Kavanaugh, who authored the ruling, wrote that the 30-year-old federal law eliminates "the sovereign immunity of Cuban agencies and instrumentalities.". "The Helms-Burton Act authorizes private suits against Cuban agencies and instrumentalities — suits that would largely be nonstarters if subjected to the FSIA's requirements," Kavanaugh wrote, referring to the Foreign Sovereign Immunities Act of 1976.
The court's six conservative justices were in the majority. Justice Elena Kagan wrote a dissent that was joined by the court's two other liberal members. Kagan said that the plaintiffs should be required to show that their suit was exempt from the Foreign Sovereign Immunities Act, arguing that, "Nothing in the text or 'architecture' of the Helms-Burton Act suggests that Congress abrogated the sovereign immunity of these defendants — much less that it did so with the requisite unmistakable clarity."
Read more: https://www.msn.com/en-us/money/economy/us-supreme-court-boosts-exxon-s-bid-to-get-compensation-from-cuba/ar-AA26n3wi