Birkhead and Stern Reunite -- In Lawsuit

46. 42. 38.Federal Courts move in terms of years, not months, unfortunately.

We do know that one of the Marshalls' Attorneys is a buddy of O'Q and that O'Q appears to have only become involved with VA in order to get his 'management' hands on the Marshall millions. Intransigence by the Marshall heirs seems to be pure spite or a whimsical belief that the case may just go away if others are successful in ruining HKS, LB and DL. Hard to know the true interactions when the Courts move so slowly.

Posted at 6:18PM on Jan 22nd 2009 by Only swim in the Ocean

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None of the Marshall's attorney's are friends with O'Q. You still need to do more fact checking. Not sure why it would be intransigent when the only standing jugment is in their favor. I doubt anyone has any whimsical beliefs about this case going away. It's been what, almost 14 years now?

Posted at 6:37PM on Jan 22nd 2009 by Robert
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Off the top of my head I know Rusty Hardin (Marshall Attorney) wrote a silly statement to the FL Court in support of O'Q in the HKS vs. O'Q et al defamation lawsuit in an effort to show HKS was unethical. It blew up in Hardin's and O'Q's faces but Hardin did it nevertheless. SCOTUS determined that the Bankruptcy Court in CA could involve itself with TX State Probate issues, a new precedent, and it's that Bankruptcy Court that awarded ANS money. The SCOTUS decision is hardly favorable to the Marshall family.

Posted at 6:46PM on Jan 22nd 2009 by Only swim in the Ocean

47. Swim,

So did Speer lose his DEC. 5th hearing on his Motion to Dismiss?

http://www.nbclosangeles.com/news/entertainment/Bodyguard-Wants-Howard-K-Stern-Sexuality-Lawsuit-Dismissed.html

Posted at 6:47PM on Jan 22nd 2009 by Facts, please

48. The SCOTUS remand is to the Appellate Court and called for mediation. That happened when ANS was alive--back on Dec. 15, 2006 but was not resolved.

Since her death, her name has been replaced in that court as defendant and replaced (at HKS's request) by the executor of her Estate, HKS!

Last movement on this case was May 2008.

Posted at 6:50PM on Jan 22nd 2009 by Facts, please

49. 45. 17. Just the start of good news.

Imagine the combined assault on the VA 'bloggers' lawsuit that is coming.

Posted at 4:21PM on Jan 22nd 2009 by Only swim in the Ocean
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Nuts. Pure 'Magical Thinking'. No ethical Lawyer would sue bloggers for expressing their opinions.

Posted at 6:21PM on Jan 22nd 2009 by Only swim in the Ocean
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So if HKS is an ethical attorney, what does the "combined" reference in the above?

Posted at 6:45PM on Jan 22nd 2009 by Karma
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VA is trying to sue both HKS and LB in TX State Court for defamation and conspiracy to defame. LB hasn't yet responded to VA's Second Amended Complaint adding him as a defendant, and HKS has only filed a Special Appearance declaring that he's not subject to that Court's jurisdiction and that nothing said about VA was untrue and that he engaged in no 'conspiracy' with anyone else to do something that wasn't either defamatory or necessary.

Should the TX State Court attempt to add both HKS and LB as defendants, today's article is an example of how the two men are not discordant in their beliefs and views and how both won't quietly allow the TX State Court travesty of a case to proceed much further.

Posted at 6:57PM on Jan 22nd 2009 by Only swim in the Ocean

50. 47. Swim,

So did Speer lose his DEC. 5th hearing on his Motion to Dismiss?

http://www.nbclosangeles.com/news/entertainment/Bodyguard-Wants-Howard-K-Stern-Sexuality-Lawsuit-Dismissed.html

Posted at 6:47PM on Jan 22nd 2009 by Facts, please
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I think it was rescheduled to 02/03/2009.

Posted at 7:03PM on Jan 22nd 2009 by Only swim in the Ocean

51. Correction:

HKS, Executor is the appellant replacing Vicki Lynn Marshall.

Posted at 7:02PM on Jan 22nd 2009 by Facts, please

52. 48. The SCOTUS remand is to the Appellate Court and called for mediation. That happened when ANS was alive--back on Dec. 15, 2006 but was not resolved.

Since her death, her name has been replaced in that court as defendant and replaced (at HKS's request) by the executor of her Estate, HKS!

Last movement on this case was May 2008.

Posted at 6:50PM on Jan 22nd 2009 by Facts, please
*****
Thank you, Facts, please!

Posted at 7:04PM on Jan 22nd 2009 by Only swim in the Ocean

53. 46. Off the top of my head I know Rusty Hardin (Marshall Attorney) wrote a silly statement to the FL Court in support of O'Q in the HKS vs. O'Q et al defamation lawsuit in an effort to show HKS was unethical. It blew up in Hardin's and O'Q's faces but Hardin did it nevertheless. SCOTUS determined that the Bankruptcy Court in CA could involve itself with TX State Probate issues, a new precedent, and it's that Bankruptcy Court that awarded ANS money. The SCOTUS decision is hardly favorable to the Marshall family.

Posted at 6:46PM on Jan 22nd 2009 by Only swim in the Ocean
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And you must also know that Rusty Hardin was the attorney prosecuting the disbarment of O'Q for the State Bar of Texas. Hardin filed an affidavit as to conduct on the record during the ANS' Texas trial. The FL court can choose to do as much or as little as they like with the information. Hardin is not a party in the FL case and will not benefit or lose anything.
You need to reread the SCOTUS decision. The Bankrutpcy decision was not at issue, the District Court decision was. The SCOTUS said that a Federal District Court has concurrent jurisdiction over cases that involve personal torts. That is DEFINITELY not new precedent. The Bankruptcy judgment was vacated by the District Court and the District Court judgment was vacated by the Court of Appeals. The Court of Appeals judgment was reversed but not rendered. That means there is no money for ANS, HKS,LB or DL. The Court of Appeals has the case and it will be their decision. The SCOTUS decision did not give ANS money and it did not restore the Bankrutpcy judgment. The only money judgement that is currently standing is the TX jury verdict and the 9th Circuit decision against ANS for attorney fees.

Posted at 7:05PM on Jan 22nd 2009 by Robert

54. 04/17/2007 183 Filed order CONFATT (DEL) Mediation unit responsibility for this matter is reassigned to Claudia Bernard, who will be taking over as Chief Mediator upon the retirement of the undersigned on 4/30/07. [02-56002, 02-56067]

09/19/2007 189 Received Appellee Vickie Lynn Marshall letter dated 9/18/07 re: status of the motion to substitute Howard K. Stern, as Executor of the Estate of Vicki Lynn Marshall in place of aplt Vicki Lynn Marshall. (PANEL) [02-56002, 02-56067]

11/15/2007 190 Received Appellee Howard K. Stern, Appellant Howard K. Stern letter dated 11/14/07 re: Mr. Stern has been substituted as representative for decedent debtor Vicki Lynn Marshall in her bankruptcy. Bankruptcy order enclosed. (PANEL) [02-56002, 02-56067]

01/03/2008 191 Filed order (Deputy Clerk: jf) The motion of Howard K. Stern, special administrator of the estate of appellee and cross-appellant Vicki Lynn Marshall, for substitution of a party is GRANTED. All parties are ordered to file notice of appearance of counsel for each party. (Phoned Counsel at 10:50 a.m.) [02-56002, 02-56067]

03/14/2008 195 Received Eric Brunstad, Jr., Esq. counsel for Appellant Elaine Marshall in 02-56002 letter dated 03/13/2008 re: to lift the current stay. Served on 03/13/2008 [02-56002, 02-56067] (panel)

05/16/2008 197 Received notice of change of address dated 05/15/2008 from Alan Diamond, Esq. counsel for Howard K. Stern and Kent L. Richland, Esq. counsel for Howard K. Stern and Vickie Lynn Marshall in 02-56002, 02-56067. Current new address: GREINES, MARTIN, STEIN, RICHLAND LLP, 5900 Wilshire Boulevard, 12th Floor, Los Angeles, CA 90036. [02-56002, 02-56067]

Posted at 7:11PM on Jan 22nd 2009 by Facts, please

55. 48. The SCOTUS remand is to the Appellate Court and called for mediation. That happened when ANS was alive--back on Dec. 15, 2006 but was not resolved.

Since her death, her name has been replaced in that court as defendant and replaced (at HKS's request) by the executor of her Estate, HKS!

Last movement on this case was May 2008.

Posted at 6:50PM on Jan 22nd 2009 by Facts, please
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Just so people are clear, mediation is a requirement whether the appeal is coming up from the District Court or coming back on remand, whether from en banc or SCOTUS. The substitution of parties is also a procedural matter that is not simply a request but must occur for the case to go forward. Same was true when the stepson died, the execcutor replaces the party. Again, a requirement and nothing particularly special about it.

Both ANS and stepson were appellant and appellee, depending on the issue.

Posted at 7:17PM on Jan 22nd 2009 by Robert

56. http://www.time.com/time/arts/article/0,8599,1591324,00.html

"Two issues remain to be decided by the Ninth Circuit. One: To settle whether or not E. Pierce Marshall interfered with Anna Nicole's claim against her husband's estate, as the district court ruled. Two: To uphold the Texas jury verdict rejecting her claims stand or take Judge Carter's side and allow her to inherit $88 million. It took two months to update court filings following Pierce Marshall's death in 2006, Hardin said. Updating them after Anna Nicole's death may take just as long — and that will be after the long deliberations over an administrator. Richland also wants to file additional briefs with the Ninth Circuit. Then there could be oral arguments, even a further appeal to the U.S. Supreme Court. By then, little Danielynn may well be able to read the legal briefs for herself. "

Posted at 7:18PM on Jan 22nd 2009 by Facts, please

57. 41. 27.ANS was awarded a substantial amount of money during her life from the Estate of her late husband. It's tied up in Court and the money in question is in a segregated account earning interest. Neither the surviving Marshalls nor ANS's Estate possess the money. When a person dies, it doesn't mean legal claims vanish. DL is the sole heir to ANS's Estate.

Posted at 5:21PM on Jan 22nd 2009 by Only swim in the Ocean

31. Do any of the current lawsuits have anything to do with the money continuing to be tied up?

What is the normal process, once someone wins in the SCOTUS? Normally it would go back to where the decision was reversed. I would 'think' that would be as simple as a court hearing?

Posted at 5:42PM on Jan 22nd 2009 by butterfly

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Swims, you need to do more fact checking on ANS' long running case over her late husband's estate. No current award exists for ANS. She lost her case in Texas probate court, where the estate was administered. The award she did get was against her stepson personally in Federal court, not the estate. Even that award has been vacated by the Court of Appeals. All the Supreme Court did was tell the Court of Appeals that the case did not fall under the probate exception. It did not give her any money. So neither her estate, nor HKS, nor LB, nor DL has any award or money. Since her husband's estate was probated and found that her stepson was the sole heir, typically that is all that is required for someone to get the money. So, I'm pretty sure the money is not sitting in a segregated account somewhere earning interest. More than likely the deceased stepson's estate has it.

Butterfly, the normal process on remand from the SCOTUS depends on what issues are left in the Court of Apeals. If other issues remain to be decided, then a new opinion must be issued to dispose of them. It rarely needs another hearing since all the issues must be briefed and argued the first time around, unless the court wants more briefing or argument. It's mostly a wait and see situaion at this point.


Posted at 6:36PM on Jan 22nd 2009 by Robert

I thought there was a reward of the 88 million at one time? Is that not the $$ that is tied up that OsitO is referencing? Thanks for the response.

Posted at 7:20PM on Jan 22nd 2009 by butterfly

58. Off the top of my head I know Rusty Hardin (Marshall Attorney) wrote a silly statement to the FL Court in support of O'Q in the HKS vs. O'Q et al defamation lawsuit in an effort to show HKS was unethical. It blew up in Hardin's and O'Q's faces but Hardin did it nevertheless. SCOTUS determined that the Bankruptcy Court in CA could involve itself with TX State Probate issues, a new precedent, and it's that Bankruptcy Court that awarded ANS money. The SCOTUS decision is hardly favorable to the Marshall family.

Posted at 6:46PM on Jan 22nd 2009 by Only swim in the Ocean

AHHHHH, so it wasn't the 88 million reversed, it was the 1/2 billion that the Bankruptcy course awarded!!

Posted at 7:26PM on Jan 22nd 2009 by butterfly

59. I thought there was a reward of the 88 million at one time? Is that not the $$ that is tied up that OsitO is referencing? Thanks for the response.

Posted at 7:20PM on Jan 22nd 2009 by butterfly

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I thought you were pleading insanity? You do not seem that nutty to me? Do you really think it will work? Do you think you will get away with saying that someone stole your hard drive out of a bank vault? Just curious.

Posted at 7:28PM on Jan 22nd 2009 by Its over

60. 48. The SCOTUS remand is to the Appellate Court and called for mediation. That happened when ANS was alive--back on Dec. 15, 2006 but was not resolved.

Since her death, her name has been replaced in that court as defendant and replaced (at HKS's request) by the executor of her Estate, HKS!

Last movement on this case was May 2008.

Posted at 6:50PM on Jan 22nd 2009 by Facts, please

So in reference to them refusing to cooperate I will take it as the May 2008 mediation did not go well? If this is the case, then do the Judges go ahead with what Robert suggested or something different as a mediation was required?

Posted at 7:29PM on Jan 22nd 2009 by butterfly