More on Anna Nicole Smith [Marshall] Case

On May 1, 2006, the United States Supreme Court rendered its opinion in Marshall v. Marshall which permits Anna Nicole Smith to continue her attempt to seek a portion of her deceased husband’s estate in federal court.

For a discussion of the impact of this decision, see James E. Pfander, The Playmate and the Probate Exception, 94 Ill. B.J. 320 (2006).  Prof. Pfander concludes as follows:

In the end, the validity of the bankruptcy judgment will turn less on the scope of the probate exception than on familiar rules of claim and issue preclusion, all of which remain open for consideration on remand. Working out those issues may keep the parties and the lower courts engaged for another 10 or 12 years.