Estate of Marcos Human Rights Litigation v. Estate of Marcos

MEMORANDUM

The Estate of Ferdinand E. Marcos (hereinafter “Marcos”) appeals a $353,600,000 contempt judgment awarded to a class of human rights victims (hereinafter “Hilao”). Marcos argues on appeal that, because the underlying damages Judgment expired in 2005 and because the $100,000 per day contempt sanction upon which the contempt judgment was based was coercive in nature, the contempt judgment is unenforceable. We review findings of civil contempt and the amount of a civil contempt sanction for abuse of discretion. FTC v. Affordable Media, LLC, 179 F.3d 1228, 1229 (9th Cir. 1999). Underlying factual findings are reviewed for clear error. Id. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Marcos’s argument is likely waived. The argument that Marcos made in the district court was that the eontempt judgment was unenforceable under state law, because it had expired under Haw.Rev. Stat. § 657-5. The district court rejected this argument, and Marcos did not appeal that determination, although it did appeal the decision. Marcos now argues on appeal that the contempt judgment is unenforceable under federal law, because coercive sanctions are unenforceable when the…