Thursday, June 12, 2008

Procedure in the Supreme Court

The Supreme Court issued its opinion in Republic of the Philippines v. Pimentel (06-1204), a Rule 19 case (failure to join a necessary party) arising out of a human rights mass tort action against Marcos.  The opinion can be found here.  Justice Kennedy writing for the majority overturned the 9th Circuit opinion and held that the case must be dismissed under Rule 19.  I'm wondering whether I should add this to my civ pro syllabus this fall.  Hopefully we'll hear more about the opinion soon from Howard Erichson, who blogged on the case in December (see here). 

The Supreme Court also issued its opinion on Taylor v. Sturgell (07-371), with Justice Ginsburg writing the unanimous court disapproving of the doctrine of "virtual representation," reversing and remanding the case.  The opinion can be found here.  Erichson's take on the oral argument on this blog can be found here.  Erichson got what he asked for! 

All this breaking news thanks to Scotusblog.

ADL

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