In an action by a Philippine island claiming that an American company polluted its waters, dismissal of the action on forum non conveniens grounds is reversed where the district court lacked subject matter jurisdiction under the act of state doctrine because none of the conduct by the Philippine government referenced by defendants was essential to any of the plaintiff’s causes of action.
Read Provincial Gov’t. of Marinduque v. Placer Dome, Inc., No. 07-16306
Appellate Information
Argued and Submitted December 7, 2007
Filed September 29, 2009
Judges
Opinion by Judge McKeown
Counsel
For Appellant:
Walter J. Scott, James D. McCarthy and David H. Ammons, Diamond McCarthy LLP, Dallas, TX
For Appellees:
Steve Morris, Rex D. Garner, Morris Pickering & Peterson, Las Vegas, NV
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