Civil Procedure Keyed to Spencer
Republic of Philippines v. Pimentel
Human rights victims (Pimentel) brought a class action suit against Philippine President Ferdinand Marcos. Pimentel obtained a nearly $2 billion judgment and later tried to attach a brokerage account at Merrill Lynch, Pierce, Fenner & Smith Inc. (Merrill Lynch) (Plaintiff), which was owned by Arelma, S.A. (Arelma), a company incorporated by Marcos. The Republic of the Philippines and the Philippine Presidential Commission on Good Governance (collectively, the Republic) claimed the money in the brokerage account belonged to the Republic under Philippine law and asked Merrill Lynch to transfer the money to the Philippine National Banc (PNB), pending a decision by a Philippine court. Instead, Merrill Lynch filed an interpleader lawsuit in federal court to settle all the claims in one case, naming the Republic, Arelma, PNB, Pimentel, and others as defendants. The Republic claimed sovereign immunity and was dismissed from the lawsuit. The Republic then moved to dismiss the interpleader action, arguing that the case could not proceed without it because it was an indispensable party under Federal Rule of Civil Procedure (FRCP) 19. The district court denied the motion and continued to adjudicate the case. The Republic appealed the denial, and the United States Court of Appeals for the Ninth Circuit reversed and issued a stay, pending the outcome of the litigation in the Philippine court. The district judge vacated the stay and awarded the money to Pimentel. The Republic asked the Philippine court to declare the money forfeited, but that court has not yet ruled. The Republic, Arelma, and PNB appealed, but the court of appeals affirmed this time, largely because the Republic, despite being a required party under FRCP Rule 19(a), was unlikely to succeed on the merits of its claim. Defendants petitioned the United States Supreme Court for certiorari, which was granted.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:Identifies the topic of law and where this case fits within your course outline.
Parties:Identifies the cast of characters involved in the case.
Procedural Posture & History:Shares the case history with how lower courts have ruled on the matter.
Case Key Terms, Acts, Doctrines, etc.:A case specific Legal Term Dictionary.
Case Doctrines, Acts, Statutes, Amendments and Treatises:Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:A Synopsis of the Facts of the case.
Rule of Law:Identifies the Legal Principle the Court used in deciding the case.
Facts:What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.
Issue(s):Lists the Questions of Law that are raised by the Facts of the case.
Holding:Shares the Court's answer to the legal questions raised in the issue.
Concurring / Dissenting Opinions:Includes valuable concurring or dissenting opinions and their key points.
Reasoning and Analysis:Identifies the chain of argument(s) which led the judges to rule as they did.