Court Abused its Discretion in Virgie Arthur's Defamation Suit

In April 2008, Virgie Arthur, Anna Nicole Smith’s mother, sued Howard K. Stern for defamation, claiming that he harmed her efforts to seek custody of Smith’s child. In May 2009, the trial court granted Arthur’s motion to compel, appointing a special master who had the power to search Stern’s computer hard drive. Most recently, Houston’s 1st Court of Appeals found that the trial court abused its discretion and that it did not follow the procedure required to appoint the special master. Arthur’s attorney says Arthur can return to the trial court and follow the required procedure to obtain the e-mails she’s looking for.

See Mary Alice Robbins, 1st Court Issues 2nd Ruling in Suit by Anna Nicole Smith’s Mom, Texas Lawyer, July 19, 2010.