| Philippines Fee Dispute Is
Ruled On As Tuy 7% and Murphy 3% End of an Era
at SDNY
By Matthew
Russell Lee, Patreon
BBC
- Guardian
UK - Honduras
- The
Source
SDNY COURTHOUSE,
Dec 2 – In 2014 a dispute
about Philippines assets from
the Marcos era was placed
before U.S. District Court for
the Southern District of New
York Judge Katherine Polk
Failla.
On June 16,
2020 Judge Failla held a
proceeding concerning two
lawyers still seeking
attorneys fees and payments
from the Philippines
government, now of Duterte.
Inner City Press covered it.
Judge Failla
asked former Philippines'
counsel Ken Murphy and
Salvador Tuy about fees they
are requesting. She asked
Murphy if it's the case, to
use her football analogy, he
didn't get the ball over the
goal line.
Murphy
replied, Only because I wasn't
being paid... I worked a lot.
I am asking for
$580,000.
Tuy for
his part said, They are
claiming there is no issue
about my fee. Back on May 9 I
said, my retained with 7% was
cleared all the way to
Executive Secretary.
Judge Failla: Is
this the retainer
agreement?
Tuy: Yes. I feel
I am owed $280,000.
Judge
Failla: I may ask for that in
writing. Please mute your
phone. Mr Amatorio, your
client the Philippines, what
is their position?
Amatoria: Under
President Aquino, Mr Murphy
got paid. But the current
administration, no more.
The current administration,
they are very stringent about
hiring foreign counsel.
On November 30,
the case was again on for a
proceeding, this time by video
with a public call in number.
Inner City Press called in;
the parties were told the
press was on the line.
They balked. One
said he had expected to be
able to "approach the bench"
and speak privately with the
judge. To her credit, Judge
Failla's deputy said this is
not how it works. Still, it
appears that a separate, non
public telephone conference
took place. Another public
call was set, for December 2.
Inner City Press again covered
it.
In this
proceeding, Judge Failla ruled
on who gets what, in terms of
attorney's fees, citing
quantum meruit. Tuy got 7%,
and Murphy 3%. It's Tuy, then,
to order the transcript.
The case is
District Attorney of New York
County v. The Republic of the
Philippines et al., 14-cv-890
(Failla).
***
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