"Weak" Virgie Defeated in Court -- Larry Finally Free to Go

91. Larry the only girl in your life for now should be that cute little girl! GOOD LUCK and when you fly with the baby durning take off and landings have her suck a bottle and make sure she's sitting up the whole flight, (ear's will stay open). Best wishes on being a Dad!

Posted at 11:56AM on Apr 27th 2007 by inthenumbers

92. yay!!! virgie now you can go after the one who deserves it!!

Congrats Larry! Your life will never be the same!

Posted at 11:56AM on Apr 27th 2007 by monkia louinski

93. Way to go Bahamian judicial system. That baby is were she needs to be, with her Daddy. At least she has a chance at a normal life. Arthur won't be able to corrupt and destroy anymore innocent lives. Anna's wishes should be respected. Anna is the only one who knew what kind of person her mother is. Arthur drove her daughter and grandson into addiction and an untimely death. She won't be able to destroy little Dannielynn. Larry, the best thing to do is stay completely away from Arthur. The only thing she wants is Dannielynn's possible inheritance. Good luck in your future lives together. You will treasure your baby, and do what's best for her. Finally, your family is complete.

Posted at 4:28PM on Apr 27th 2007 by Lorrie

94. Good-bye Vergie. Guess you're not going to be able to buy that double-wide after all.

Posted at 11:57AM on Apr 27th 2007 by Sassy

95. I was trying to figure out why Vergie was trying to stop Larry from returning to the States. Wouldn't it be easier and cheaper for Vergie to see Dannielynn in the USA rather than traveling to the Bahamas?

Posted at 11:56AM on Apr 27th 2007 by Lynn

96. Forgot to count the attorney she has now, the place she is staying, ALL the food she has eaten.....Wow Virg....you're in WAY over your HEAD...Don't think SPLASH will cover all that!!!!!!!!!!!!!

Posted at 12:09PM on Apr 27th 2007 by Mona L.

97. Virgie's fight has been for money. She has now, blocked any possible chance of building a relationship as a grandma. But, in truth, this was not what she fought for. She wanted the guardianship to control any photos, video and rights to the Dannielynn story. I doubt she thought she would live to see the millions. This woman just wanted the money rights to the story as this baby grows. Shame on her and Ann now, may you Rest In Peace. Howard Stern, may you find family and love and someone that will protect and care for you. Larry, still not sure of you or your motives, but look upon this child without thinking of favor, fame or money. This way, you will find the blessing.

Posted at 12:04PM on Apr 27th 2007 by Demi

98. Some reports have perpetuated a legal myth. Consider the Associated Press story that pronounced that "Anna Nicole Smith’s 6-month-old daughter . . . could inherit millions after the former reality TV star’s death last month."

This is only partially right. Dannielynn has indeed had a DNA test. But there is little chance that this child will inherit millions.

Why? Because Anna Nicole Smith's legal claims on J. Howard Marshall's estate were always tenuous. And once the courts act, they will likely extinguish the claim altogether. That means Dannielynn is more likely to be saddled with legal bills and other debt from litigation associated with her mother's estate than she's likely to inherit any portion of Marshall's estate.

NO MILLIONS HERE

A quick review of the case Marshall v. Marshall (Anna Nicole Smith's married name was Vickie Lynn Marshall) illustrates why Dannielynn may not be a million-dollar baby.

Although it has been overshadowed by the media hype surrounding the former Playboy model's visit to the Supreme Court last year, the trial of record in this case took place in Texas probate court in 2001. The trial — complete with jury — lasted nearly six months. It found that Marshall's son, Pierce, was the legal heir, and it explicitly found no evidence whatsoever that the elder Marshall's will was interfered with or that there was any intention to make Smith his heir. It specifically upheld Marshall's will and his estate plan.

Despite the Texas probate ruling, Smith and her legal team went forum-shopping for a favorable judgment. After she filed for bankruptcy in California, Smith convinced a federal bankruptcy judge to award her nearly $450 million she claimed was promised from Marshall. This judge accepted her claim of tortious interference with a gift, finding that Marshall's son thwarted his father's intent.

This decision of the bankruptcy court was appealed to a federal district court in California. The district court vacated the bankruptcy ruling, reviewed the matter de novo, and reduced the award to Smith to $88.5 million.

Subsequently the U.S. Court of Appeals for the 9th Circuit overruled these awards — not on the merits — but instead by invoking what it called a federal "probate exception" that denied federal jurisdiction over probate matters. The 9th Circuit held that neither the bankruptcy court nor the federal district court had any ability to rule on Marshall's estate.

ALREADY DECIDED

Perhaps the most important principle involved in this case is a common legal concept known as "res judicata" — a Latin phrase that literally means a matter already judged. This broadly accepted legal principle dictates that once a court or jury has issued a final judgment, subsequent courts will uphold and enforce it.

This was a sensitive issue to the Framers of the Constitution because of failures in the earlier Articles of Confederation to impose legal duties on other states to honor contracts or other legal judgments. The principle is so important that it is explicitly embodied in the full faith and credit clause.

The idea is that our law strikes a balance between competing interests. On one hand, we ensure that we can provide litigants with certainty of finality that prevents a defendant from having to defend the same claim repeatedly. On the other hand, we can also guarantee that a plaintiff will be granted his or her day in court without limits on what claims they're allowed to make. But if this claim has already been dealt with earlier, instead of dismissing the case, the court will apply the findings of the earlier judgment.

The Supreme Court last year ruled that the 9th Circuit's interpretation that the federal courts have no jurisdiction whatsoever over probate matters was overly broad, and the justices have sent the case back to the 9th Circuit on remand. Now the 9th Circuit will focus on the specific arguments of this legal dispute.

This is bad news for Dannielynn and Smith's legal team. The remaining legal issues surrounding this litigation are fairly straightforward and uncomplicated. J. Howard Marshall was legally allowed to direct his bequest to whomever he pleased, and he chose his son Pierce. He never intended to leave any portion of his estate to Smith or her heirs. We know these things because that's what the jury found after a six-month trial in Texas. We also know that, under the doctrine of res judicata, each of these findings must be upheld in any other courts that look at this case.

Posted at 4:17PM on Apr 27th 2007 by ?

99. >>>
MOOOOOOOOOOOOOOOOOOVE OVER COW .......OUT OF THE WAY !!!>>>


LMAO

Posted at 12:29PM on Apr 27th 2007 by Natalie

100. Way to go judges !!!! Now the fat cow needs to go back to her trashy family and Texas. I am sure she will try again in the states but she won't have a prayer. I just hope that Larry will let Howard always be a part of the baby's life. I have no doubt they love each other deeply. He will be a big help to Larry in dealing with the fat pig from Texas. Hang in there Howard, you will find a new love and have a sweet baby of your own but I know your love will always be with Dannilynn but after all you have endured the last several months you will be rewarded with happiness.

Posted at 12:08PM on Apr 27th 2007 by Judy

101. THIS IS TO LARRY

IF YOU EVER LET THAT B_ _ CH EVER SEE DANNIELYNN I WILL HUNT YOU DOWN AND PERSONALY KICK YOUR ASS!!!!!!!!!!!

Posted at 11:58AM on Apr 27th 2007 by VIRGIE HATER

102. wondreful little miss Piggie can go back to her farm Larry you go and be happy with your little angel.The love you have for her does not need words it,s all in your face .Go see your wonderful family and be happy

Posted at 11:59AM on Apr 27th 2007 by lin

103. THANK GOD!!! Go home Larry and enjoy your little girl.........................and Virgie drop off the face of the earth. Kim P
HPNY

Posted at 11:59AM on Apr 27th 2007 by Kim

104. And, make her pay the $3000 to the court before she goes back to Texas

Posted at 11:59AM on Apr 27th 2007 by Carol

105. Hallelujah !!!

Posted at 11:59AM on Apr 27th 2007 by mary