|Docket No.||Op. Below||Argument||Opinion||Vote||Author||Term|
|06-1204||9th Cir.||Jan 17, 2008||Jun 12, 2008||7-2||Kennedy||OT 2007|
Holding: (1) Because Arelma and the Philippine National Bank also seek review of the decision by the U.S. Court of Appeals for the 9th Circuit, this court need not rule on the question whether the Republic of the Philippines and the commission established to recover property wrongfully taken by Ferdinand Marcos while he was president of the republic, having been dismissed from the suit, had the right to seek review of the decision that the suit could proceed in their absence. As a general matter any party may move to dismiss an action under Federal Rule of Civil Procedure 19(b). Arelma and PNB have not lost standing to have the judgment vacated in its entirety on procedural grounds simply because they did not appeal, or petition for certiorari on, the underlying merits ruling denying them the interpleaded assets. (2) Rule 19 requires dismissal of the interpleader action.
Judgment: Reversed and remanded, 7-2, in an opinion by Justice Anthony Kennedy on June 12, 2008. Justice Souter joined the opinion as to all but Parts IV-B. Justice Stevens joined Part II of the opinion. Justices Stevens and Souter filed opinions concurring in part and dissenting in part.
Merits briefs (via ABA)