Supreme Court of the United States · Official docket →
Exxon Mobil Corporation v. Corporación Cimex, S.A. (Cuba), et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 21-7127, 22-7019, 22-7020 · judgment July 30, 2024
Before the decision, about 2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a business petitioner.
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.
Counsel of record
For petitioner
Jeffrey B. Wall
Sullivan & Cromwell LLP
For respondent
Michael Robert Krinsky
Rabinowitz Boudin Standard Krinsky Lieberman, P.C.
Case
Conference history
Distributed for 2 conferences
Amicus briefs
3 cert-stage · 7 merits
(4 supporting pet./neither, 3 respondent)
Linked docket
24A330
Argument & decision
Argued February 23, 2026 — Morgan L. Ratner · Jules L. Lobel. Audio and transcript
Decided June 23, 2026. Opinion by Kavanaugh.
Proceedings
- Jul 27 2026Judgment Issued.
- Jun 23 2026Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, Gorsuch, and Barrett, JJ., joined. Kagan, J., filed a dissenting opinion, in which Sotomayor and Jackson, JJ., joined.
- Feb 23 2026Argued. For petitioner: Morgan L. Ratner, Washington, D. C.; and Curtis E. Gannon, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Jules L. Lobel, Pittsburgh, Pa.
- Feb 04 2026Reply of petitioner Exxon Mobil Corporation filed. (Distributed)
- Jan 26 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Jan 21 2026CIRCULATED
- Jan 16 2026Brief amici curiae of Foreign Relations and Separation of Powers Scholars filed.
- Jan 16 2026Brief amici curiae of Foreign International Law Scholars, et al. filed.
- Jan 16 2026Brief amici curiae of Foreign Sovereign Immunity Scholars filed.
- Jan 12 2026Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jan 09 2026Brief of respondents Corporación CIMEX, S.A. (Cuba), et al. filed.
- Jan 06 2026Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Jan 06 2026Record received from the United States District Court for the District of Columbia. The record is electronic and is available on PACER.
- Jan 05 2026Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Jan 02 2026SET FOR ARGUMENT on Monday, February 23, 2026.
- Dec 15 2025Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
- Dec 05 2025Brief amicus curiae of United States in support of petitioner filed.
- Dec 05 2025Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Dec 05 2025Brief amici curiae of King Ranch, Inc., et al. filed.
- Dec 01 2025Brief amici curiae of Atlantic Legal Foundation, et al. filed.
- Nov 28 2025Brief of petitioner Exxon Mobil Corporation filed.
- Nov 10 2025Motion to dispense with printing the joint appendix filed by petitioner Exxon Mobil Corporation.
- Oct 31 2025Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including November 28, 2025. The time to file respondents' brief on the merits is extended to and including January 9, 2026.
- Oct 23 2025Motion for an extension of time to file the briefs on the merits filed.
- Oct 03 2025Petition GRANTED.
- Sep 10 2025DISTRIBUTED for Conference of 9/29/2025.
- Sep 10 2025Supplemental brief of respondents Corporación Cimex, S.A. (Cuba), et al. filed. (Distributed)
- Aug 27 2025Brief amicus curiae of United States filed.
- May 05 2025The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Apr 16 2025DISTRIBUTED for Conference of 5/2/2025.
- Apr 15 2025Reply of petitioner Exxon Mobil Corporation filed. (Distributed)
- Apr 01 2025Brief of respondents Corporación CIMEX, S.A. (Cuba), et al. in opposition filed.
- Feb 03 2025Motion to extend the time to file a response is granted and the time is further extended to and including April 2, 2025.
- Jan 31 2025Motion to extend the time to file a response from March 3, 2025 to April 2, 2025, submitted to The Clerk.
- Jan 30 2025Brief amici curiae of King Ranch Inc., et al. filed.
- Jan 30 2025Brief amicus curiae of Chamber of Commerce of the United States of America filed.
- Jan 07 2025Motion to extend the time to file a response is granted and the time is extended to and including March 3, 2025.
- Jan 06 2025Motion to extend the time to file a response from January 30, 2025 to March 3, 2025, submitted to The Clerk.
- Dec 27 2024Petition for a writ of certiorari filed. (Response due January 30, 2025)
- Oct 10 2024Application (24A330) granted by The Chief Justice extending the time to file until December 27, 2024.
- Oct 03 2024Application (24A330) to extend the time to file a petition for a writ of certiorari from October 28, 2024 to December 27, 2024, submitted to The Chief Justice.