US Supreme Court Permits US Solicitor General To Deliver Ten Minute Argument On 23 February 2026 Supporting Exxon Mobil Corporation Against Cuba Government In Libertad Act Lawsuit
/IN THE SUPREME COURT OF THE UNITED STATES No. 24-699
EXXON MOBIL CORPORATION, PETITIONER v. CORPORACIÓN CIMEX, S.A. (CUBA), ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT. MOTION OF THE UNITED STATES FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT AS AMICUS CURIAE AND FOR DIVIDED ARGUMENT
Pursuant to Rules 21, 28.4, and 28.7 of the Rules of this Court, the Solicitor General, on behalf of the United States, respectfully moves for leave to participate in the oral argument in this case as amicus curiae and requests that the United States be allowed ten minutes of argument time. Petitioner has agreed to cede ten minutes of argument time to the United States and consents to this motion. Accordingly, if this motion were granted, the argument would be divided as follows: 20 minutes for petitioner, 10 minutes for the United States, and 30 minutes for respondents. This case concerns the interaction between the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, 22 U.S.C. 6021 et seq., and the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. 1330, 1391(f), 1441(d), 1602 et seq. As relevant here, Title III of the LIBERTAD Act allows a private party to bring suits against “any person” who traffics in property confiscated by the Cuban government. 22 U.S.C. 6082(a)(1)(A). The Act also defines “person” as “any person or entity, including any agency or instrumentality of a foreign state.” 22 U.S.C. 6023(11). The question presented here is whether the LIBERTAD Act permits suits against Cuban agencies and instrumentalities, or whether such claims are barred by foreign sovereign immunity unless they also satisfy an exception to foreign sovereign immunity codified in the FSIA. The United States’ brief as amicus curiae supporting petitioner argues that Title III’s text -- including the definition of “person” and other provisions that specifically contemplate that Cuban agencies and instrumentalities could be liable for trafficking -- clearly abrogates Cuban agencies’ and instrumentalities’ immunity from suit. The brief further argues that contrary to the court of appeals’ decision below, a Title III plaintiff need not separately satisfy an FSIA exception to foreign sovereign immunity to sue a Cuban agency or instrumentality. The United States has a substantial interest in the resolution of the question presented. The United States has significant foreign-policy interests in encouraging democracy in Cuba by promoting accountability for the Cuban government’s wrongful seizures and in supporting compensation for U.S. victims of unlawful Castro-era expropriations. The United States also has a substantial interest in the proper interpretation of the FSIA. Civil litigation against foreign sovereigns in U.S. courts can have significant foreign-relations implications and can affect the reciprocal treatment of the United States in other nations’ courts. The United States has participated in oral argument as amicus curiae in numerous cases concerning the interpretation and application of the FSIA. See, e.g., CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., 605 U.S. 223 (2025); Republic of Hungary v. Simon, 604 U.S. 115 (2025); Cassirer v. Thyssen-Bornemisza Collection Found., 596 U.S. 107 (2022); Federal Republic of Germany v. Philipp, 592 U.S. 169 (2021); Republic of Hungary v. Simon, 592 U.S. 207 (2021); Opati v. Republic of Sudan, 590 U.S. 418 (2020); Republic of Sudan v. Harrison, 587 U.S. 1 (2019); Rubin v. Islamic Republic of Iran, 583 U.S. 202 (2018). The United States’ participation in oral argument in this case could therefore materially assist the Court. Respectfully submitted. D. JOHN SAUER. Solicitor General. Counsel of Record. JANUARY 2026
No. 24A330
Title: Exxon Mobil Corporation, Applicant v. Corporación Cimex, S.A. (Cuba), et al.
Docketed: October 7, 2024
Linked with: 24-699
Lower Ct: United States Court of Appeals for the District of Columbia Circuit Case Numbers: (21-7127, 22-7019, 22-7020)
No. 24-699
Title: Exxon Mobil Corporation, Petitioner v. Corporación Cimex, S.A. (Cuba), et al.
Docketed: December 31, 2024
Linked with: 24A330
Lower Ct: United States Court of Appeals for the District of Columbia Circuit Case Numbers: (21-7127, 22-7019, 22-7020)
Decision Date: July 30, 2024
24-699 EXXON MOBIL CORP. V. CORPORACION CIMEX
DECISION BELOW: 111 F.4th 12
CERT. GRANTED 10/3/2025
PLAINTIFF QUESTION PRESENTED: In 1960, the Cuban government confiscated the property of American nationals and transferred it to state-owned enterprises. After years without a diplomatic resolution, Congress enacted the Helms-Burton Act, which created a damages action for American nationals against "any person ... that traffics in" such confiscated property. 22 U.S.C. § 6082(a)(1). The Act defines "person" to include "any agency or instrumentality of a foreign state," id. § 6023(11), and expressly contemplates "judgment[s] against an agency or instrumentality of the Cuban Government," id. § 6082(d). The question presented is: Whether the Helms-Burton Act abrogates foreign sovereign immunity in cases against Cuban instrumentalities, or whether parties proceeding under that Act must also satisfy an exception under the Foreign Sovereign Immunities Act.
DEFENDANT QUESTION PRESENTED: Petitioner mistakenly frames the Question Presented as pertaining only to Cuban agencies and instrumentalities. Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996, including its provision establishing liability for trafficking in confiscated property, is expressly applicable to “any agency or instrumentality of a foreign state.” See 22 U.S.C. § 6023(11); 22 U.S.C. § 6082(a)(1). Accordingly, the Question Presented is properly framed as follows: Whether Title III of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 abrogates the immunity from suit provisions of the Foreign Sovereign Immunities Act (“FSIA”), 28 U.S.C. §§ 1604-1605, and replaces 28 U.S.C. § 1330 with 28 U.S.C. § 1331, thereby allowing a Title III action against any agency or instrumentality of a foreign state (whether Cuban or third-country) regardless of whether the action satisfies any of the FSIA’s enumerated exceptions to immunity.
Jan 02 2026 SET FOR ARGUMENT on Monday, February 23, 2026.
Jan 05 2026 Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Jan 06 2026 Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Jan 06 2026 Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
Jan 09 2026 Brief of respondents Corporación CIMEX, S.A. (Cuba), et al. filed.
Jan 12 2026 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Jan 16 2026 Brief amici curiae of Foreign Relations and Separation of Powers Scholars filed.
Jan 16 2026 Brief amici curiae of Foreign International Law Scholars, et al. filed.
Jan 16 2026 Brief amici curiae of Foreign Sovereign Immunity Scholars filed.
Jan 21 2026 CIRCULATED
Jan 26 2026 Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
