Today’s Transcripts
A transcript of today’s oral argument in Republic of the Philippines v. Pimentel (06-1204) is now available here.
A transcript of today’s oral argument in Rothgery v. Gillespie County (07-440) is now available here.
Re Pimental:
I had expected this argument to focus on how the Phillippines, who had moved to dismiss the suit as to them on sovereign immunity grounds and altogether on Rule 19 grounds, could or could not appeal refusal to dismiss under Rule 19, having been dismissed under sovereign immunity. Instead, it semed to focus on forum non conveniens sort of issues. And both parties seemed to agree that the rights of Pimental to the money depended on the rights of Marcos to the money, which were being adjudicated in the Phillippines. Everything seemed to depend on the brokerage having brought the interpleader action; had the Pimentls simply executed their judgment against Marcos against the brokerage (as they said they would do if the action were dismissed), then the Phillippines would have had to assert their rights in the US notwithstanding sovereign immunity. Is it that either the interpleader court or the levying court would have to decide whether the balance of the equities required that the account not be distributed pending the determination in the Phillippines of the underlying question of true ownership notwithstanding the apparent ownership by Marcos? Can someone straighten me out?
Comment by Roger Friedman — March 18, 2008 @ 8:07 am