The Supremes logically



Supreme Court Backs Ex-Playmate's Effort
By GINA HOLLAND
Associated Press Writer

The Supreme Court ruled Monday that one-time stripper and Playboy Playmate
Anna Nicole Smith could pursue part of her late husband's oil fortune.

Justices gave new legal life to Smith's bid to collect millions of dollars
from the estate of J. Howard Marshall II. Her late husband's estate has been
estimated at as much as $1.6 billion.

Smith has been embroiled in a long running cross-country court fight with
Marshall's youngest son, E. Pierce Marshall. The court's decision, which was
unanimous, means that it will not end anytime soon.

Justice Ruth Bader Ginsburg, writing for the court, said Smith should have a
fresh chance to pursue claims in federal court.

Smith's case had brought unusual drama to the normally sedate high court.

Dressed in all black, she wept in the courtroom in late February as justices
discussed Marshall and whether he had intended to provide for his young wife
in death. When Smith arrived at the court, several photographers were
knocked to the ground in a scuffle to photograph her.

She was a 26-year-old topless dancer when she married Marshall, then 89, in
1994. He died the following year, setting off an intense family fight.

At issue in the legal battle was competing court jurisdiction. A Texas court
held a five-month trial before deciding that Smith was entitled to nothing
from Marshall's estate. Smith brought a separate claim in federal court in
California.

Justices said Monday that the 9th U.S. Circuit Court of Appeals was wrong in
ruling that federal courts could not handle Smith's case.

Smith, the spokeswoman for a diet products company, had been awarded $474
million by a federal bankruptcy judge. That was later reduced by a federal
district judge and then thrown out altogether by the San Francisco-based 9th
Circuit. The case now goes back to California.

"I will continue to fight to uphold my father's estate plan and clear my
name," Pierce Marshall said Monday.

Ginsburg noted that there are several pending issues that could still keep
Smith from collecting any money.

So far, Smith has received nothing from Marshall's estate, although before
his death Marshall showered Smith with $6.6 million in gifts that included
two homes, expensive jewelry and clothes. She contends that he also promised
her half his estate.

Ginsburg's opinion included only a hint of the nastiness of the family feud.
She said there were accusations that Pierce Marshall "engaged in forgery,
fraud, and overreaching to gain control of his father's assets" and, on the
other side, that Smith had defamed her former stepson.

Pierce Marshall said in a statement that he would "continue to fight to
clear my name in California federal court. That is a promise that (Smith)
and her lawyers can take to the bank."

The case is Marshall v. Marshall, 04-1544.




.



Relevant Pages

  • TURMEL: #1 Nielsen No-Resurrection Motion Transcripts
    ... early motions in court. ... ONTARIO COURT OF JUSTICE ... REMAND BEFORE JUSTICE OF THE PEACE J. JUKES ... MR. SMITH: I don't know. ...
    (sci.econ)
  • Re: Change!
    ... Bullfrog, although feeling dizzy, she danced with Smith through all ... I contested the ticket and went to court. ... that intoxication can rob a woman of the capacity to give consent. ... was too drunk to give her consent??When a woman is drunk, ...
    (rec.scuba)
  • Smith may still face US court martial
    ... "Following the decision of the Philippine Court of Appeals, ... Smith departed the Philippines under the authority of United States ... Calling the rape case "long and difficult," the US embassy said Smith ...
    (soc.culture.filipino)
  • more ferals go down for murder
    ... mobile phone paid for his defiance with his life. ... "James Smith was of a different generation and withstood you. ... After Hutchinson and Buckley were both jailed for life, ... kettle of fish", the court heard. ...
    (uk.politics.misc)
  • Re: Does interest automatically accrue on court judgements in NYC?
    ... You already know that in N.Y., a state court judgment for money only ... of a year, the marshall got $19,200. ... BUT THE APPEALS ... _reasonably_ required at, in turn, what dollar sum for attorneys fees ...
    (misc.legal)