$$$ Issue Lingers Between Birkhead and Stern

61. Congradulations Larry , Baby Danielyn will soon be in your arms, take her home . There are plenty of very good lawyers out there if you want to persue the Marshall case. You do not need an Enabler. Again hate came from his mouth when he said I will support Larry for sole custody. What a slug. Can't a Grandmother be a Grandmother? Larry will have sole custody he is the Father. Now Justice for Daniel. Lets see if the Bahamian people change their laws about the Jury?

Posted at 6:31PM on Apr 10th 2007 by jg

62. Howard is an attorney, regardless of what the outcome was of today's events. Think I'd rather have an attorney have control over the money vs a photographer.

Posted at 4:55PM on Apr 10th 2007 by Legal Secretary in MI

63. An article in today's LegalTimes.com entitled "Anna Nicole's daughter is no Million-Dollar Baby" indicates that the chances are extremely SLIM that the estate will win the $400 million dollar law suit. It will go back to the original Texas Probate Court which awarded Anna Nicole nothing. Her claims on the Marshall estate is tenous at best.

Lots of legal wording - here's the link
http://www.law.com/jsp/dc/PubArticleFriendlyDC.jsp?id=1175591034943 (I hope it works -- if not, just google legal times and anna nicole.

Posted at 4:58PM on Apr 10th 2007 by Kate

64. Yes
Bonnie said over her dead body. Why would any person make that remark on national tv. ET is going to have to change some of their tv now. Get rid of the Stern clan. I think this is a new play by Howards lawyer to have Howard be nice than he can go for all the money from Vergie and her lawyer for libel. What a shame to


Bonnie you made a fool of your family and your brother. You guys were awful and ruined it for ET and Howard both.

Posted at 4:50PM on Apr 10th 2007 by Bahamas

65. Virgie Arthur should have a right to see Dannielynn!
Anna thought it was okay for her to raise Daniel the first 6 years of his life.

A drugged Anna didn't get along with her mother because her mother didn't like her using drugs. Gee, what a bad mother.

HK$ hates Virgie, that makes me think she must not be too bad!!!

Posted at 5:11PM on Apr 10th 2007 by CC

66. It amazes me how some people speak of "Anna's wishes" and who she "trusted." My god, the woman NEVER made one sound decision in her life! Even when she let Virgie raise Daniel (a good choice), it was only based in her own selfishness. Get off the "honoring Anna" kick. The woman directly and indirectly DESTROYED lives - and laughed while doing it. The woman doesn't get a vote, and NEVER should have.

So HKS gets the "good will" points today? How precious - and fake. Nice PR move in hopes of capturing a little public sympathy for his (supposed and frivolous) libel suits - and putting the blame of the past onto ANS.

LB might want to consider taking HKS up on his offer to host him at Horizons. I wouldn't let that slimeball (murderer, IMO) out of my sight yet.

Posted at 4:54PM on Apr 10th 2007 by Diego Chick

67. TMZ SHUT UP ! You know that Dannielyne ALREADY HAVE A TRUST FUND AND HOWARD IS NOT THE TRUSTEE !

It's time to leave Stern alone and to let him try to begin a new life.

Posted at 4:50PM on Apr 10th 2007 by Solene

68. the birkhead guy is already spending money didn't say he wanted to see the kid...wonder if he gets the money how fast its going to go...FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST ON FAST GIRLS ON FAST GIRLS,DRUGS MAYBE HE.... CAN FIND ANOTHER ONE THATS LOSE AND RICH THAT HE CAN KNOCK UP ........THATS HIS STYLE BIRKHEAD GROUPIES.....

Posted at 3:17PM on Apr 11th 2007 by A \\\'\\\'SO OUTRAGOUS ANS FAN\\\'\\\'

69. Now that it all has been decided -- Larry is Dannilynn's father - HKS should no longer have anything to do with her. The one thing I think everyone can agree on is that Virgie is definitely not someone who Anna would have wanted to do with the baby. That I think is one wish that should definitely be respected for Anna. Virgie needs to go.... I think all she sees is dollar signs.

Although I do have to agree with the person #35; would Larry have fought that hard if there wasn't millions to bank on? I sure hope so.

Its so sad that the Marshall's had they given Anna a settlement in the beginning could have saved millions in attorney fees -- those are the ones who will be cashing in on this whole mess!

Posted at 10:46PM on Apr 10th 2007 by Abby

70. Woo HOO! Congrats to Larry. As far as the millions, I pray for the baby's sake there never will be any millions, it will just ruin her life. All she needs is the Love of her real family and grow up to make her own money. Maybe just enough for her education, thats it.

Posted at 4:51PM on Apr 10th 2007 by Mar

71. the birkhead guy is already spending money didn't say he wanted to see the kid...wonder if he gets the money how fast its going to go...FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST FAST ON FAST GIRLS ON FAST GIRLS,DRUGS MAYBE HE.... CAN FIND ANOTHER ONE THATS LOSE AND RICH THAT HE CAN KNOCK UP ........THATS HIS STYLE BIRKHEAD GROUPIES.....

Posted at 4:52PM on Apr 10th 2007 by A \\\'\\\'SO OUTRAGOUS ANS FAN\\\'\\\'

72. From Legal Times:

She's no million dollar baby: After the courts rule, Anna Nicole Smith's daughter probably won't get the big estate, Legal Times, April 9, 2007. By Horace Cooper.

Excerpt:
"When it originally invoked the 'probate exception,' the 9th Circuit panel didn't rule on the merits of either the federal bankruptcy court or the federal district court decisions. With the Supreme Court's narrow opinion explaining that none of the Supreme Court's earlier cases endorsed the notion that federal courts couldn't independently weigh in on probate matters, the9th Circuit now will have to deal with the merits.

"In that context, the most compelling question for the 9th Circuit will be a determination of which court -- the federal bankruptcy or district court or the Texas probate court -- issued a final judgment first. Chronologically the Texas probate case started first, but the federal bankruptcy court issued its verdict first. The 9th Circuit panel reviewing the case will have to determine which decision counts as the first 'final judgment.'

"There are two issues here. First, the federal district court vacated the ruling of the bankruptcy court and reviewed the matter de novo. It did so after the Texas probate trial had concluded. If this decision about vacating the bankruptcy ruling is upheld, it would mean that the bankruptcy ruling has no effect for purposes of res judicata -- that is, neither the bankruptcy decision nor the federal district court's ruling were final judgments for this purpose.

"Second, even if the federal bankruptcy court's ruling was final and determined to have occurred first, there are serious questions, relevant to judicial economy and the principles behind res judicata, about the evidentiary record used by the federal district court.

"A review of the record indicates that whereas the Texas probate trial took nearly six months to sort through all of the legal and evidentiary issues before reaching a conclusion, the federal district court was able to do so in a few days. How? Primarily by reviewing many of the depositions from the concluded Texas probate trial and also by disallowing most of the witnesses that Pierce Marshall sought to call.

"Such an approach has the advantage of expediting matters, but it severely constrains the ability of the court to weigh all evidence necessary. Depositions are useful, but they are not an equal alternative to witnesses testifying subject to cross-examination. As a result, there are serious questions about the sufficiency of the record that the district court relied upon. And such an outcome is contrary to the benefits of res judicata -- which is to allow subsequent courts the ability to rely on the findings of fact of earlier courts.

"Additionally, judicial economy would dictate that the Texas probate court (as a specialty court) should be given greater deference and weight in making these determinations. In this case, the probate court took nearly six months to reach a determination. Casting aside its work will not be done lightly.

"Together, judicial economy and res judicata militate against the 9th Circuit directing a brand new trial to determine the validity of the Marshall will or estate plan. Accordingly, no one should be surprised when, at the end of all the proceedings, it is the original Texas trial verdict that determines the disposition of the Marshall estate. When that occurs (as it almost certainly will), Marshall's money will go to his son -- not to Smith's estate, her child Dannielynn, or Dannielynn's father (whoever that may be)."

In short, Dannielynn is most likely not entitled to any part of the Marshall fortune. She will have whatever Anna left and whatever her daddy can provide for her.

Posted at 4:51PM on Apr 10th 2007 by Res Judicata

73. Poor Anna, she is probably rolling over in her grave right now. She fled America to get away from Larry Butthead. Is there some reason WHY that none of know about??? She sure seemed determined to dodge him. She WANTED Howard K. to have her baby and even went so far as to give her his name. Larry and his EVIL attorneys steamrolled Anna right to her grave with their threats of paternity. Let's just HOPE Larry can look past the LOTTERY ticket he just won and LOVE that dear child the way a descent Father would. You gave Anna your best TRY Howard... God Bless everyone but that WITCH Vergie.

Posted at 4:52PM on Apr 10th 2007 by Lana

74. DANA You're funny-- see you at the airport..LOL

Posted at 4:51PM on Apr 10th 2007 by DANI

75. The Court ought to appoint a bank as the trustee for Danielynn. That is commonly done when individuals set up a trust for their kids and they can't agree or trust a family member or friend. And banks have departments that are set up for this kind of thing. In this case, Stern should NOT be the trustee, as he appears to be sick guy in his own right who might just give Danielynn money for drugs if she begged him. After all, didn't he enable her mother? Nope - Stern should not be around that kind of money. And since he has no money of his own, by his own admission in court, I doubt a court will find him suitable as a trustee.

It seems doubtful to me that no American court will admit the will that has been floating around into probate. I think a first year law student would have done a better job drafting her will...or even a will form you can find on the internet would have protected Anna's interests better than the purported will. The will will not be probated and she will have died intestate - without a will - and the court will make its own orders without any regard to the will naming Howard as executor or trustee.

If Howard was Anna's personal lawyer and always watching out for her, how on earth can he say he reviewed that will? If he did, and advised her to sign it, the bar ought to consider revoking his license to practice law! What a menace to anyone relying on his legal advice. We all know most people hate and distrust lawyers, but Stern takes it to a new level.

Posted at 4:51PM on Apr 10th 2007 by An Honest Lawyer - not always an oxymoron