Analysis of Marshall v. Marshall

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.