Anna Nicole goes to Washington

(February 28th, 2006 under Fun Stuff )

Anna Nicole Smith, former Playboy Playmate of the Year, reality TV star, Guess Jeans model and weight loss promoter, arrived today at the U.S. Supreme Court, where arguments are being heard on an issue arising out of her quest for a share of her late husband’s estate.

Ms. Smith married Texas oilman J. Howard Marshall in 1993, when she was 26 and he was 89. Marshall died the following year and Anna has been fighting with Marshall’s son, E. Pierce Marshall ever since for her right to receive some of the estate, estimated by some to be $1.6 billion.

In 1996, Ms. Smith filed for bankruptcy in California. In 2001, the bankruptcy court determined that she was entitled to $475 million. In 2001, a Texas jury in state court sided with the son, vacated the bankruptcy court award and cut Anna out of the estate entirely. The Texas court also awarded Pierce $1 million in legal fees. In 2002, U.S. District Judge David O. Carter in California ruled in favor of Ms. Smith and awarded her with $88.5 million in damages from Pierce Marshall. Judge Carter wrote “Their lives were intertwined in need, driven by greed and lust. Nevertheless, the Court is convinced of his love for her…There is no question that he showered her with gifts, that he sought to protect her and provide for her.”

In 2004, a three judge panel of the U.S. Court of Appeals for the 9th Circuit threw out Judge Carter’s ruling, declaring that only Texas’ courts have jurisdiction and not the federal bankruptcy court (or its appellate level court). The full 9th Circuit Court of Appeals refused to reconsider the three-judge panel’s decision.

In September 2005, the U.S. Supreme Court granted certiorari and agreed to hear this matter. The question before the Supreme Court relates to the scope of the probate exception to federal jurisdiction, namely whether a federal appeals court (the 9th Circuit in this matter) was correct in ruling that only state courts have authority over disputed estates.

To add even more drama to this matter, the Bush administration has sided with Ms. Smith. The administration argues that the justices should protect federal court jurisdiction in such disputes. Solicitor General Paul Clement has filed an amicus brief on Ms. Smith’s behalf.

The case is Marshall v. Marshall, No. 04-1544.

Ray


This entry was posted on Tuesday, February 28th, 2006 at 2:12 pm and is filed under Fun Stuff .


Leave a new comment
(required)
(required)