“I hate to be the one to tell you this, but I told you so” said Larry Birkhead as he exited the Bahamian courtroom when his paternity of Dannilynn was confirmed. Well, I also don’t like to say I told you so, but today the 9th Circuit issued its opinion in the matter of Marshall v. Marshall finding against Anna Nicole Smith’s estate and Howard K. Stern, and in favor of the rightful Marshall heirs. In doing so, the court has articulated some archaic probate laws regarding what constitutes preclusion, and core versus non-core issues. They found Vicki’s (aka, Anna Nicole Smith’s) claims were NOT core to the bankruptcy proceeding. Please click on this link to view the opinion in its entirety: 9th Circuit
For a more in depth analysis, including my confirmed legal prediction, please read the article below entitled Probate Battle Illustrates Value of Constitution’s Full Faith & Credit Clause. Lady Justice prevailed today, and I anticipate the Supreme Court will confirm this decision should the matter be appealed by Howard K. Stern yet again.
I hope Larry Birkhead will finally find a job and stop exploiting an orphan. It’s very sad that a little girl aged 3 financially supports a healthy father aged 37. Marshall money was a pipe dream, all reasonable people knew that.
This dispute between two dead parties almost seems like it might as well have been between rockem sockem robots. The kid will get millions just from publicity and the billionaire heirs will remain as such (and would have either way).
Thanks to Anna Nicole, we now have more clarity on which claims qualify as core vs. non-core proceedings in bankruptcy and of the parameters for the probate exception to federal court jurisdiction. Future law students with eschew Carbolic Smoke Balls for this jurisprudence!
Thank you for the wonderful news and this update. I had just mentioned the other day that we should here a verdict “soon” on this case.
Now I hear a lot of mumbling and rumbling as lawyers scurry to figure out how Howard Stern is going to pay them for their services? I imagine Mr. Stern is busy on the phone assuring everyone holding those IOU’s that the money is there and that this has just been a mistake of law. According to him the judges have heard the wrong case.
I hear the sobbing and pounding of fists as Larry Birkhead realizes he needs to get a job. Despite the fact he said there wasn’t any Marshall money he sure had been counting on it and living as if he already had it in the bank.
I invision that in the Stern/Rale households more paper is being shuffled and prepared. What did they miss? Where did they go wrong? This was a full proof plan. They think that certainly there must be another angle to all of this. This must be appealable on some grounds somehow, somewhere. All for naught IMO as I expect any appeals to be promptly thrown out.
They are in shock, numb and bewildered. They shake then walk into a wall. How can it be that they failed to “steal” the Marshall money which in reality was what they were attempting to do…in the name of Anna Nicole Smith and then Dannielynn Birkhead of course.
When will they realize…the dream (or should I say heist) is over.
Great news on both fronts. I certainly hope there isn’t a forum-shopping type Supreme Court loophole whereby ANS’ estate can appeal once again. Haven’t the Marshall family suffered enough from this ordeal?
Justice has finally been served. I just hope that Howard K. Stern and Larry Birkhead finally start acting in the best interests of Dannielynn and drop all appeals and end this frivolous lawsuit once and for all.
Everyone can be a little more confident that their estate plans are not simply worthless paper which is expensive to produce. A ruling in favor of Anna Nicole would have set a dangerous precedent and I for one am glad that the court arrived at the sensible conclusion. How can it get any worse for Howard K. Stern? $0 from the Marshall estate and significant possibility of spending real time in prison….ouch!
Finally! I just hope that we’re not jinxing it by stating that it is the end- lord only knows what team HKS has in mind! I just hope that they realize that there is no merit to an appeal, and do what is best for her poor daughter by letting this be.
Plus, doesn’t Howard K Stern have his own upcoming trial to worry about?
That is good news – how much in taxpayers dollars was spent on this case…
Well, congratulations Lady Brenman…it seems you outguessed the pundits in this matter…I heard a lot of talking heads in the news media, fantasizing that ANS would prevail in this matter.
It is a shame that the principal parties in the litigation are dead.
I don’t care who won or lost…I am just
glad it is over. Such a tiresome rehash of the same old news.
So I have a question for anyone? Does the baby of ANS receive the bulk of her estate now?
Her estate is insolvent. Also Anna’s estate filed an unopposed motion for a seven day extension of time to file a petition for rehearing En Banc today. It’s due on 04/09/10. Maybe Janice can give us her thoughts on if the 9th circuit will entertain a rehearing on this?
Thank you for the update on the Marshall case. I was wondering where the appeal was. IMO The 9th Circuit will not entertain a rehearing of the case.
Yes, you are correct the estate is insolvent owing more to the creditors, taxes, lawyers, etc, than what is in it. It does not appear that there is any money going in to the estate thanks to Mr. Stern. IMO Money is being diverted into Hot Smoochie Lips which Stern is the sole beneficiary of if I recall correctly and/or any other businesses or corporations he may have set up possibly overseas. It’s bad enough Stern embezzled a lot of money from ANS when she was alive but to do this to Dannielyn is really a crime.
I’m surprised Larry Birkhead isn’t up in arms about these matters…unless he is aware of the situation and doing the same. Seems likely otherwise he would be making noise.
Can you prove that Stern has offshore accounts and stole money from ANS? If not then you are a liar. Rita Cosby mentioned “offshore” accounts, theft in “Blonde Ambition” but couldn’t provide evidence. She was sued for libel and in the end settled with Stern. Wild accusations and theories will not pass. You cannot lie about somebody just because you hate him.
Oh my….. ”Who let the dogs out? “ Is that you Larry? Or is it Ronnie, Howie or Bonnie? Woof! Woof!!
First of all, it is not a matter of hating Mr. Stern nor is it a matter of my lying. It is a matter of my OPINION. Given all of the circumstances, facts and past acts by the Anna Nicole Crew, namely the skipper Howard Stern, I believe that my opinion is so close to the truth that it hit a nerve and you came running out like a rabid dog.
The facts are what they are and seem to speak for themselves. Not everyone is easily conned, deluded or believes everything the Stern side dishes out.
It is a fact that…..
1. Mr. Stern has been caught in numerous lies and major infractions of his legal responsibilities as a lawyer. (See criminal charges in California for an example.) It is difficult to have faith in or believe a liar.
2. It is well documented that during court proceedings in the Marshall case Mr. Stern had the audacity to steal confidential documents off the court room table and got caught. That leads me to believe he is also thief.
3. No money is going into the estate yet Anna’s paintings, clothes, etc, have been sold on E-bay. Her likeness must be making some money and so to any “movies” she has made. Where is that money going? Why aren’t the bills paid?
4. Ms. Cosby did not settle. The case was dismissed at Mr. Stern’s request. IF any money was exchanged, the little that there was went to Wood to cover some of his expenses at the law firm as he would need to show something to Bryan Cave to both save face and to stay in the multiple cases he has going for Howard Stern. It appears that L. Wood been operating at a loss for some time now when it comes to these matters and barely gets his legal fees paid.
5. Evidence was provided in the Cosby case that money was diverted to MAMA Stern as shown in a contract that was signed immediately after Anna’s death. Get real! That definitely wasn’t a new maneuver on Mr. Stern’s part. IMO money has also been diverted through Mr. Stern’s sister (Bonnie) and possibly his parents throughout his employment (term used loosely) with Anna Nicole Smith.
IMO There ARE offshore accounts courtesy of Ron Rale’s specialty.
Please don’t think me that stupid and don’t suggest that Ron Rale and Howard Stern would devise a way for Anna to escape to the Bahamas to avoid Mr. Birkhead and didn’t even consider in all of those years ways to hide money in offshore accounts especially when that is Mr. Rale’s expertise.
Because of your denial/outrage at my opinion I can only conclude that I am much closer to the truth than not. I certainly hope a Forensic Accountant/Investigator can solve this issue for Justice’s sake and that of Dannielynn because…..well, I’m not always just guessing.
“JUST GUESSING” yes, you are JUST GUESSING and your wild theories about theft and offshore acounts are blatant lies. You presented no legal evidence for your libelous statements. Your hatred towards Stern family is strong and it clouded your judgement.
“Lies will not pass” – YOU seem to be the one providing “no evidence”. YOU seem to be the one telling blatant lies. YOU seem to be the one with the “wild theories”. You are probably aligned with Stern/Birkhead in some secret way. Am I right???
I really think a little more civility is in order here….I hate to see “nice” people become name callers or bullies on a blog. If you think someone is wrong…just say so and not resort to calling someone a liar. No wonder we have bullies and underachievers in our schools..these people are setting poor examples for our kids to follow.
I am with Charlie; I like this blog because most here are civil.