Ms. Janice Brenman is a former prosecutor who was in private practice in Los Angeles from 2001 to 2012 representing nearly 8,000 individuals in over 42 states. She also did 9th Circuit Federal Appeals from 2007 to 2012. She has commented in major legal publications on the subject of legal reform and celebrity influence on the legal system...
Read moreFour years ago today the former Playboy, Anna Nicole Smith passed away from drug overdose. Her legacy continues to impact the media with an upcoming opera and recent Supreme Court hearing. In light of her passing, I wrote an article in Opposing Views. “Four years ago, reality TV star Anna Nicole Smith passed away, yet her legacy lives on. With a racy Royal Opera musical called ‘Anna Nicole’ set to open in a few weeks and the Supreme Court decision in her estate case lingering, this former Playboy continues to flood the media. On January 18th, the Supreme Court Justices were subject to round two of oral arguments regarding the estate case Stern v. Marshall. The Court must now determine the jurisdiction of specialty bankruptcy courts – either officially limiting their power or drastically expanding it. The last time the High Court heard arguments in the case, instead of making a ruling, it was sent back down to the Ninth Circuit Court of Appeals – who in turn upheld the original Texas probate court ruling in favor of Marshall.” Stay tuned…
Last week the United States Supreme Court heard oral arguments in Stern v. Marshall. Will this be the end of a 16 year old legal battle? Only time will tell, as the decision is expected to be announced within a few months. In the meantime, the High Court must decide some very technical issues that address bankruptcy jurisdiction. The case began when former reality TV star, Anna Nicole Smith, sued the son of her late husband, J. Howard Marshall II, for supposedly interfering with her ability to inherit half the Marshall estate. A Texas Probate Court ruled that Marshall took the necessary steps to protect his estate and intentionally disinherited Smith. Long story short, Smith filed bankruptcy in California during the Texas trial. This forum shopping, or, looking for a court that might provide a more favorable outcome, was utilized by Smith and her legal team; they seemed to succeed when the bankruptcy court ruled in her favor. Smith’s claim, however, (tortious interference with an expectancy of inheritance) is a personal injury tort. Notably, the U.S. Code says personal injury torts are automatically considered non-core to bankruptcy proceedings. The fate of this case now rests with the Supreme Court Justices Read More …