Republic of the Philippines v. Westinghouse Electric Corp.

821 F. Supp. 292 (1993)

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Republic of the Philippines v. Westinghouse Electric Corp.

United States District Court for the District of New Jersey
821 F. Supp. 292 (1993)

Facts

The Republic of the Philippines (the Philippines) and the National Power Corporation (plaintiffs) sued Westinghouse Electric Corporation and Westinghouse International Projects Company (Westinghouse) and Burns & Roe Enterprises, Inc. (defendants) in federal court in New Jersey under diversity jurisdiction and asserted 15 tort and contract claims. All but two of the claims went to arbitration. The remaining claims went to trial and alleged that Westinghouse and Burns bribed President Ferdinand E. Marcos to obtain contracts and thereby interfered or conspired to interfere with the fiduciary duties that President Marcos owed to the Philippines people. The parties agreed that Philippine substantive law should be applied. The only issues were whether the claims were penal and, if so, whether the federal court in New Jersey should refuse to enforce them as a matter of comity. To that end, the Philippines sought a ruling to permit it to present its claims for punitive damages to the jury.

Rule of Law

Issue

Holding and Reasoning (Debevoise, J.)

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