Supreme Court Docket
| Previous Terms
[Download February 19, 2008 Argument Calendar PDF]
Many documents listed on this page are PDF files that may be viewed using AdobeReader.
[Click here for 2006 Docket]
Philippines v. Pimentel
Republic of the Philippines, et al. v. Jerry S. Pimentel, Temporary Administrator of the Estate of Mariano J. Pimentel, et al.
Interpleader Actions, Necessary Parties, Indispensable Parties, Sovereign Immunity, Misappropriation, Civil Procedure, International Law, Government Law
This interpleader action was brought to settle ownership of assets misappropriated
by Ferdinand Marcos when he was President of the Republic of the Philippines. The
assets are claimed both by the Republic, which under Philippine law is the owner of
property acquired though the misuse of public office by Philippine officials, and by a
class of private judgment creditors of the Marcos estate. The Republic was
dismissed from the action on sovereign immunity grounds. In the Republic's
absence, however, the district court held that the Republic is not an indispensable
party to the action under Fed. R. Civ. P. 19(b), proceeded to resolve the
interpleader action, and awarded the disputed assets to the class of private
claimants. The Ninth Circuit affirmed. The case presents the following questions:
- Whether a foreign government that is a "necessary" party to a lawsuit under Rule 19
(a) and has successfully asserted sovereign immunity is, under Rule 19(b), an
"indispensable" party to an action brought in the courts of the United States to settle
ownership of assets claimed by that government.
Whether the Republic of the Philippines and its Presidential Commission on Good Government (PCGG), having been dismissed from the interpleader action based on their successful assertion of sovereign immunity, had the right to appeal the district court's determination that they were not indispensable parties under Federal Rule of Civil Procedure 19(b); and whether the Republic and its PCGG have the right to seek this Court's review of the court of appeals's opinion affirming the district court.
Counsel of Record
- Docket Sheet From the U.S. Supreme Court.
- Northwestern University - Medill School of Journalism: On the Docket
Stephen V. Bomse
Heller Ehrman LLP
San Francisco, CA
Daniel C. Cathcart
Magana, Cathcart & McCarthy
Los Angeles, CA
Robert A. Swift
Kohn, Swift & Graf, P.C.
| Previous Terms
To view PDF files listed on this page you will need Adobe Acrobat Reader