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...
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
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...
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...