Stern v. Marshall, 2011 U.S. LEXIS 4791 (Jun. 23, 2011)

LexisNexis Core Terms: counterclaim, final judgment, public rights, bankruptcy proceedings, plurality opinion, proof of claim, adjudicate, judicial power, delegation, defamation claim, quotation marks omitted, adjunct, bankruptcy estate, jurisdictional, common law, bankruptcy case, private right, adjudicatory...

Supreme Court Finds Core Counterclaim Jurisdiction Unconstitutional, Sends Vickie Lynn Marshall Estate Packing

After fifteen years of litigation, two trips to the Supreme Court and the deaths of both of the original antagonists, the Supreme Court decided Stern v. Marshall , 2011 U.S. LEXIS 4791 (Jun. 23, 2011). While Vickie Lynn Marshall, better known as Anna Nicole Smith, made a splash during her lifetime...

US Supreme Court's Bombshell Opinion in Stern v. Marshall Draws the Line Against Incremental Erosion of Article III Judicial Power

In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy and constitutional perspective. Here's...

Steve Jakubowski: Supreme Court's Ruling In Stern v. Marshall A 'Bombshell'

In my last post , I posited whether the Court's decision in Stern v. Marshall would be a bombshell or a dud. It certainly was no dud. And after reading the 5-4 opinion, I'd say that it's a bombshell in several respects, both from a bankruptcy and constitutional perspective. Here's four...

Cadwalader Clients & Friends Memo: Stern v. Marshall: How Big Is It?

On June 23, 2011, the Supreme Court ruled 5-4, in an opinion by Chief Justice Roberts, that a Bankruptcy Judge lacked constitutional authority to issue a final ruling on state law counterclaims by a debtor against a claimant. This is the latest round of a well-known case involving the estate of former...

Professor Kenneth Klee and Henry Sommer Discuss Stern v. Marshall

On this edition, Henry Sommer, co-editor in chief of Collier on Bankruptcy and the LexisNexis Matthew Bender Collier line of bankruptcy publications and Kenneth Klee, Professor at UCLA School of Law, discuss the U.S. Supreme Court's June 23, 2011 opinion in Stern v. Marshall. Copyright© 2010...