Oct. 29, 2025
Will Cuba face takings liability?
The Supreme Court is taking up two cases that could hold Cuba accountable for seizing American property -- an unexpected legal showdown with serious implications.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
This month's column is a little off our usual track. Although it continues to deal with government liability for taking the property of private citizens without compensation, the offending agency is the country of Cuba. Before you scoff too loudly, you should be aware that the United States Supreme Court just granted certiorari in two cases raising issues relating to potential Cuban liability for confiscating the property of American citizens and companies. See Exxon Mobil...
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