Tuesday, September 27, 2005
Earlier today (Sept. 27, 2005), the United States Supreme Court granted cert in Marshall v. Marshall, 04-1544, to determine when federal courts may hear claims that are also involved in state probate proceedings. The Ninth Circuit earlier held as follows:
We hold that all federal courts, including bankruptcy courts, are bound by the probate exception to federal court jurisdiction and that we are required to refrain from deciding state law probate matters, no matter how the issue is framed by the parties. We vacate the district court’s final judgment and remand with instructions.
So, Vickie Lynn Marshall (the real name of Anna Nicole) will get another chance to snag some more of Howard's money.
See also Gina Holland, Anna Nicole's Case Goes to Supreme Court, AP, Sept. 27, 2005.
Special thanks Erik Holt for bringing this case to my prompt attention.