U.S. Supreme Court: Trump-Vance Administration Supports Libertad Act Cuba Lawsuit Against U.S. Cruise Lines; Says 11th Circuit Court Of Appeals Was Wrong. Will DOJ Support Exxon-Mobil Lawsuit Too?
/Excerpts:
“(I) QUESTION PRESENTED: Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., creates for United States victims of unlawful expropriation by the Cuban Government a damages action against those who traffic in the expropriated property. The question presented is whether the right of action is limited to property in which the plaintiff would have had an interest at the time of the trafficking had the expropriation not occurred.
INTEREST OF THE UNITED STATES: This brief is submitted in response to the Court’s order inviting the Solicitor General to express the views of the United States. In the view of the United States, the petition for a writ of certiorari should be granted.
INTRODUCTION- This case involves a significant United States foreign-policy interest: encouraging private actions against the Cuban regime and those who enrich it by trafficking in property that the Castro regime illegally expropriated from Americans. Congress authorized private plaintiffs to bring such suits in Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., by creating a cause of action for “any United States national who owns the claim to [confiscated] property” to seek money damages from “any person” who “traffics in” such property. 22 U.S.C. 6082(a)(1)(A). Such suits promote justice for American victims, impose accountability on the Cuban government, deter private actors from collaborating with that government to exploit expropriated property, deprive the Cuban government of funds that undermine the United States’ longstanding embargo of Cuba, and increase economic pressure to achieve democratic reforms in Cuba.”
“Especially if the Court grants the pending petition for a writ of certiorari in Exxon Mobil Corporation v. Corporación Cimex, S.A. (Cuba), No. 24-699, the Court should also grant review in this case. Doing so would allow the Court to conclusively resolve two of the most pressing Title III issues at a time when they matter to plaintiffs and U.S. foreign policy. And this case itself is important. It is a bellwether for future Title III cases— petitioner was the first Title III plaintiff to win a final judgment, and it obtained an approximately $440 million award. See p. 11, supra. The case involves serious allegations of trafficking, which the district court found convincing on the summary judgment record. See pp. 10-11, supra.”
LINK TO 29-PAGE DOCUMENT IN PDF FORMAT
Link: U.S. Supreme Court Requests Trump-Vance Administration Opinion On Libertad Act Title III Exxon Mobil Corporation Lawsuit Against Cuba Companies May 06, 2025
