Opinion · Supreme Court of the United States

Republic of Philippines v. Pimentel

Republic of Phil. v. Pimentel, 553 U.S. 851 (2008)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2008-06-12
Topic
bankruptcy

Justice Souter, . concurring in part and dissenting in part. I join all but Parts IV-B and V of the Court’s opinion. I differ as to relief because a conclusion of the matter pending before the Sandiganbayan may simplify the issues raised in this case and render one disposition or another more clearly correct. I would therefore vacate the judgment and remand for a stay of proceedings for a reasonable time to await a decree of the Philippine court. If it should appear later that no such decree can be expected, the Court of Appeals could decide on the next step in light of the Court’s opinion.

Citator

UpLaw has not yet analyzed Republic of Philippines v. Pimentel. The absence of a flag is not a finding that it is good law.

Justice Souter,

. concurring in part and dissenting in part.

I join all but Parts IV-B and V of the Court’s opinion. I differ as to relief because a conclusion of the matter pending before the Sandiganbayan may simplify the issues raised in this case and render one disposition or another more clearly correct. I would therefore vacate the judgment and remand for a stay of proceedings for a reasonable time to await a decree of the Philippine court. If it should appear later that no such decree can be expected, the Court of Appeals could decide on the next step in light of the Court’s opinion. For reasons given by Justice Stevens, I would order that any further proceedings in the District Court be held before a judge fresh to the case.