Republic of Philippines v. Pimentel (2007)
- Docket
- 06-1204
- Decided
- 2007-01-01
Summary
Question: Did the U.S. Court of Appeals for the Ninth Circuit err in approving the award of assets to creditors of former Philippine President Ferdinand Marcos when the Philippine government, claiming rightful ownership of the assets, excluded itself from the proceedings based on sovereign immunity? Conclusion: Yes it did. The Court's opinion was unanimous in finding that the Philippine government was a required party to the case under Rule 19(b). Such a required party must be joined to the suit if it is "feasible," and the Court ruled that the government's inclusion was feasible in this case. The Court sent the case back to the district court with instructions to dismiss the interpleader action. Justice Anthony Kennedy delivered the opinion of the Court in which Justices John Paul Stevens and David Souter concurred in part and dissented in part.