Friday, January 26, 2007
The recent United States Supreme Court decision in Marshall v. Marshall involving Anna Nicole Smith receives a detailed analysis by Dominic J. Campisi (Evans, Latham & Campisi, San Francisco) in Marshall v. Marshall -- Rashomon Revisited, Prob. & Prop., Jan./Feb. 2007, at 8.
Mr. Campisi concludes that:
The price of a unanimous decision such as Marshall is that many contentious issues are left unresolved in order to reach a common decision. The lower courts continue to wrangle over attempts to use federal diversity jurisdiction for probate and trust disputes based on the general conclusions in Marshall.