Yesterday, legal expert Todd J. Zywicki discussed the 9th Circuit’s recent decision in the Anna Nicole Smith case at the Ritz-Carlton in San Francisco, California. Following is a brief synopsis of the event entitled “True Hollywood Scandals, Part II.” A 9th Circuit ruling in favor of Anna Nicole Smith would have opened the floodgates for forum shopping, a topic explored by me at length. As a result, a win could have created dangerous precedent impacting all estate planning in this country. It was further discussed how it is of paramount importance for bankruptcy judges to show restraint. There is a time and place for bankruptcy court, but a dispute between the Marshall family and Anna Nicole’s legal team hardly justifies clogging our court system.
Defendant doctor Sandeep Kapoor’s attorney requested a judge drop the charge of co-conspiring with defendants Howard K. Stern and Dr. Khristine Eroshevich to ply the late Anna Nicole Smith (ANS) with an abundance of deadly pharmaceuticals. Kapoor claims he was prescribing pills to ANS before he met Eroshevich and that he later refused to sign a prescription list Eroshevich handed him. He purportedly used a pseudonym for ANS’ prescriptions, but claims this act of “protection” should not constitute the charge of obtaining drugs by “fraud, deceit or misrepresentation.” Should the judge grant his request Kapoor still faces other charges, such as prescribing, administering, or, dispensing a controlled substance to an addict. The trial is slated to begin Wednesday, August 4.