Poor Anna Nicole. The 9th circuit reversed her 2002 judgment of about $85M from the estate of her dead hubsand, J. Howard Marshall, so now she's back to zero. What I like are passages in the opinion such as this:
Vickie Lynn Marshall [Anna's legal name] argues that we need not consider the applicability of the probate exception because it operates only where the federal court has diversity jurisdiction and not in federal question cases. She relies on the 11th Circuit's decision in Goerg v. Parungao...
I just like imagining her in her heels & nails, explaining the subtleties of the probate exception to a panel of federal judges.
The funny thing is, this case has a potential basis for a Supreme Court hearing, since it turns on an issue that has been decided differently by different federal appeals courts.
31 Dec 04
On 6/29/05, the 7th Circuit Court of Appeals ruled in my bankruptcy case that the probate exception to federal jurisdiction did not apply to a settlement that was made in my bankruptcy case. The bankruptcy court settled my appeal in the state appeals's court of my will contest case and I appealed this settlement of my state appeals case. I have been handling this appeal myself, but now I am way over my head and would like to appeal to the Supreme Court on the basis you stated because different circuits have decided differently regarding the probate exception. Do you know any good lawyers around Madison Wisconsin that could help me with my case to the Supreme Court. Thank you.
Posted by: Donna at July 2, 2005 11:28 PM