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(U.S. Supreme) Court hears Anna Nicole Smith's case (Reuters)

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Up2Late Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:21 PM
Original message
(U.S. Supreme) Court hears Anna Nicole Smith's case (Reuters)
(This is actually a very important case, once you look past the "gold-digger" aspect. What E. Pierce Marshall did, with help of the Texas Courts, could almost be considered criminal, and his old man was no saint either. From what the Justices said today, I think she's going to win.)

Court hears Anna Nicole Smith's case


Tue Feb 28, 2006 03:52 PM ET

By James Vicini

WASHINGTON (Reuters) - Former Playmate of the Year Anna Nicole Smith got her U.S. Supreme Court hearing on Tuesday, when her lawyer argued she should collect millions of dollars she claims her late Texas oil tycoon husband had promised her....

(clip)

...The issue before the justices in the long-running legal battle is to review when federal courts can hear claims that are also involved in state probate hearings. The justices seemed receptive to arguments by Smith's lawyer that federal courts have jurisdiction to consider her claims....

(clip)

...But Justice Ruth Bader Ginsburg called it an "extraordinary thing" for him to claim that Smith could not bring a related claim in federal court. "That's just not the way our system works," she said. Justice Antonin Scalia said of Smith's claims, "That to me is something quite different than probating the will."

And Chief Justice John Roberts compared Smith's claims with a 1946 Supreme Court ruling that upheld federal court jurisdiction over a lawsuit to determine rights to property at issue in a probate proceeding.

(more and page 2 at link below)

<http://go.reuters.com/newsArticle.jhtml?type=topNews&storyID=11370398&src=rss/topNews>
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tocqueville Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:27 PM
Response to Original message
1. mmm I'm going to interrogate that woman myself...
behind closed doors... sensitive matter, you know...
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:30 PM
Response to Original message
2. She has every right to 100% of that money.
That marriage was totally legal. The old man knew what he wanted for his final years; A playboy model trophy wife. And he promised her his money in return. Perfectly proper and perfectly legal.
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:40 PM
Response to Reply #2
5. his son is even slimier than that.
his son ALREADY had an independent trust created for him. his son already gets the majority of the old man's wealth. the bastard couldn't be content inheriting vast sums, he wanted to steal her share, too.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 06:10 PM
Response to Reply #2
8. Then why didn't he leave it to her in his will?
Geez. If he wanted to give her the money, all he had to do is to will it to her.
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Up2Late Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 07:09 PM
Response to Reply #8
12. The old guy was alway working new angles so not to pay his Taxes...
...What they said was that the way his set it up was another attempt to avoid paying inheritance taxes too.

This is a fight between equals.
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Megahurtz Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 07:28 PM
Response to Reply #8
13. Maybe he just basically wanted her for one reason.
Marriage doesn't always guarantee a kind and honest spouse.:shrug:
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 08:51 PM
Response to Reply #8
14. He promised it to her...
And as his wife, Texas law says she gets it.

The Probate court agreed.
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rpannier Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-01-06 12:17 AM
Response to Reply #14
16. Gotta agree with you there
If that's what he agreed to, then that's what should happen. This case is getting way too much air time though.
If it were up to me...and the persons involved in this case should feel grateful that it's not...I'd take the bulk of the estate and use the money toward disaster relief.
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bdot Donating Member (298 posts) Send PM | Profile | Ignore Wed Mar-01-06 07:25 AM
Response to Reply #2
17. She has every right to 0% of that money.
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-01-06 11:54 AM
Response to Reply #17
19. She was his legal wife, he left it to her, 100%
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Danieljay Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:31 PM
Response to Original message
3. They take the case with big boobs but not the case with big oil. We are
screwed people.
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lapfog_1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:37 PM
Response to Original message
4. Judges NEVER EVER like being told that they have no jurisdiction

I think she will win this one. Not to mention that it sounded pretty shady. People may not like her, and she may have married the old fart for his money... but he could have made her sign a prenup or made out a specific will... and he chose to marry her. I think that should have been the end of it.

And his idiot son should have made some sort of 50/50 split with her rather than trying to take it all.
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 06:11 PM
Response to Reply #4
9. The guy did make a specific will-leaving it all to his son.
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 08:52 PM
Response to Reply #9
15. The Probate court, a trier of fact, determined that will invalid.
And it is not for a federal court to overrule that.
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NVMojo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 05:43 PM
Response to Original message
6. boy, this is what I call Latest Breaking News ....
:sarcasm:
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LostinVA Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 06:02 PM
Response to Reply #6
7. It IS -- this is an extremely important court case
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WhiteTara Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 06:12 PM
Response to Reply #6
10. our tax dollars at work n/t
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chelsea0011 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Feb-28-06 06:39 PM
Response to Original message
11. Is it true that Clarence Thomas prepped for the argument by renting
the Playboy Anna Nicole Smith dvd?
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plcdude Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-01-06 11:37 AM
Response to Reply #11
18. yes
I am sure there are few boners under those robes.
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TroubleMan Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-01-06 09:10 PM
Response to Reply #11
21. He's practicing his placement of pubic hairs on soda cans.

He probably has plenty of Scalia's still on his chin.
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aikoaiko Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Mar-01-06 04:31 PM
Response to Original message
20. This thread is worthless without pictures.

:-))
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