Anna Nicole Smith

Morning Docket: 10.04.11

By Staci Zaretsky

Karolina Stefanski

* Anna Nicole Smith is still screwing old white men from beyond the grave. Biglaw firms want Heller Ehrman’s claims to be decided in federal court, not bankruptcy court. [Thomson Reuters News & Insight]

* Kirkland & Ellis is pledging $2.75M to Stanford Law over the next five years in an effort to convince more students to take douchey pictures in front of their office signage. [Stanford Daily]

* Slow and steady wins the race, especially when it comes to reporting the news. A few news sites were eager to let readers know that Amanda Knox lost her appeal… except she didn’t. [Atlantic Wire]

* The Supreme Court has rejected yet another Obama birther lawsuit. Legal reasoning? “STFU, we’ll probably only have to deal with this dude for another year.” [CBS News]

* TWU to NYPD: Please don’t force us to listen to these Occupy Wall Street fools. We’d rather have our regular crazies on board. Of course, their lawsuit says it a bit more eloquently. [Wall Street Journal]

* Karolina Stefanski is being sued by an ex over some blank checks to the tune of $80K. Seriously, who cheats on a Playboy model? I mean, come on, boobs. [New York Post]

The Peculiarly American Anna Nicole Smith

By Juggalo Law

Anna Nicole Smith (via Getty Images).

During her short lifetime, Anna Nicole Smith managed to sell sex, jeans, weight-loss pills and, with her reality show, a sense of superiority to millions of Americans who could take some solace in the fact that they were not that messed up. She was voluptuous, then she was just plain fat, then she was voluptuous again and, all the while, she slurred her words and giggled through a series of unfortunate events that were all surely her own doing, right? She asked for all of this, right? The deaths and bankruptcies, rises and falls. She had it coming and when her life became entangled in a series of lawsuits, well… that was the natural outgrowth of a life lived so stupidly.

And then she died. Because, of course she did. And the lawsuits refuse to die. Because, of course they do. As noted last fall on this website, the Supreme Court took up one last (?) appeal in the case involving Anna Nicole Smith and sex and money. Except, the Court employs euphemisms like jurisdiction and congressional intent and non-Article III bankruptcy judges, because heaven forfend or something.

As her case flops and wheezes its way to the finish line, now is the perfect time for a look back at Anna Nicole’s life….

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The Estate of Ms. Smith Goes to Washington (Again)

By David Lat

Anna Nicole Smith: her candle burned out long before her legend ever did. And the great beauty’s legend continues to grow, over three years after her untimely death in February 2007, as litigation involving her estate contributes to the development of a rich body of law regarding bankruptcy and probate law — in a tribunal no less distinguished than the Supreme Court of the United States.

Over at USA Today, Joan Biskupic has this report:

The Supreme Court agreed Tuesday to hear an appeal from the estate of Anna Nicole Smith, the late Playboy model and TV reality-show star, in the decades-old dispute over an inheritance from her tycoon husband.

The action, involving a sensational set of characters in an otherwise dry case at the intersection of probate and bankruptcy law, came on a day of varied court business that included acceptance of 14 new cases for the 2010-2011 term that officially begins Monday.

Sounds scintillating. Let’s get all up in Anna Nicole’s business, shall we?

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Breaking: Ninth Circuit Stiffs Anna Nicole Smith’s Estate

By Kashmir Hill

anna nicole smith.jpgDespite her death back in February 2007, Anna Nicole Smith (aka Vickie Lynn Marshall) continues to make headlines. From the Ninth Circuit comes bad news for her former lawyer (and lover) Howard K. Stern, and her daughter, Daniellynn. From E! Online:

[A court] said today that the estate of Anna Nicole Smith is not entitled to the $300 million-plus judgment previously awarded from her late oil tycoon hubby’s billion-dollar estate.

The court battle over Texas oilman J. Howard Marshall II’s millions has been ongoing since 1995.

You can download the opinion from the Ninth Circuit here [PDF]. You’ll see a familiar name on the list of counsel.

Kathleen Sullivan, new name partner at Quinn Emanuel, filed an amicus brief in the case for the Washington Legal Foundation, arguing in support of the decision by the Texas probate court that originally denied Smith’s claim to Marshall’s $1.6 billion fortune.

This could make for an appropriate last act in the forthcoming Anna Nicole Smith opera.

UPDATE: Congratulations to Dechert partner G. Eric Brunstad, the veteran Supreme Court litigator who represented the victorious estate of Pierce Marshall in this case. (Brunstad was also Lat’s bankruptcy law professor at Yale.)

Remember All Those Millions? Anna Nicole’s Estate Can Kiss ‘Em Bye-Bye [E! Online]
SF Appeals Court Denies Anna Nicole Smith Estate’s Claim To Millions [KTVU]
In re: VICKIE LYNN MARSHALL, Debtor. ELAINE T. MARSHALL v. HOWARD K. STERN
[U.S. Court of Appeals for the Ninth Circuit]

Morning Docket: 09.26.07

By B Clerker

Larry Birkhead Anna Nicole Smith Above the Law blog.jpg* SCOTUS to hear some pretty interesting cases next term. [Washington Post; New York Times; CNN]
* Apparently, Ross Perot owns the Magna Carta, for now. [CNN]
* Jack Bauer arrested for DUI, was allegedly speaking in an urgent, raspy tone. [MSNBC]
* Attorney sues Larry Birkhead for defamation. [MSNBC]
* Calls for campus paper editor to resign. [CNN]

Bong Hits 4 SCOTUS? No Thank You

By David Lat

Supreme Court morning Abovethelaw Above the Law legal tabloid blog.jpgThey prefer crack, thank you very much.
Because why else would the justices rule against noble, crusading students, and in favor of the mean old school officials, in Morse v. Frederick — aka the “Bong Hits 4 Jesus” case?*
But free speech proponents shouldn’t despair. Over at SCOTUSblog, Marty Lederman notes:

Morse is a very limited holding — essentially limited to the drug context. The Alito concurrence, joined by Kennedy, is controlling. He writes:

I join the opinion of the Court on the understanding that (a) it goes no further than hold that a public school may restrict speech that a reasonable observer would interpret as advocating illegal drug use and (b) it provides no support for any restriction of speech that can plausibly be interpreted as commenting on any political or social issue, including speech on issues such as ‘the wisdom of the war on drugs or of legalizing marijuana for medicinal use.’”

In other words: Hey liberals, this Alito guy might not be as bad as you thought.
* As we previously observed, petitioner Deborah Morse, one of the prevailing school officials, is “a curvaceous, dark-haired beauty.” But we would hope that Supreme Court justices would decide cases based on the merits, not on the attractiveness of the parties.
Of course, sometimes both factors point in the same direction. See, e.g., Marshall v. Marshall — the Anna Nicole Smith case.
Quick Preliminary Notes on Hein and Morse [SCOTUSblog]

Breaking: Anna Nicole Smith Clown Judge Resigns!

By David Lat

Larry Seidlin Judge Lawrence Seidlin Above the Law Anna Nicole Smith.jpgJudge Larry Seidlin is best known for tearfully presiding over the Anna Nicole Smith proceedings in Florida state court. But perhaps it’s the American people who should be shedding tears right now. From the Daily Business Review:

Broward Circuit Judge Larry Seidlin – the weeping probate judge who presided over the recent legal fight for custody of Anna Nicole Smith’s body – announced today that he is leaving the bench at the end of this month.

“It is now time for me to devote more of my daily life to my own young family and to pursue the many opportunities that have been offered to me outside the judicial system,” Seidlin wrote in his resignation letter to Gov. Charlie Crist.

So why should we shed tears over the departure of this fine jurist?

It has been rumored that Seidlin has a television show in the works.

Update: The rumors appear to be true. Seidlin reportedly has reached a deal with CBS.
Judiciary: Judge Seidlin resigns [Daily Business Review]
Anna Nicole Smith Judge Larry Seidlin Cuts Deal With CBS [Fox News]

I Love New York… Tabloids

By David Lat

Along with London, New York is one of the great tabloid cities of the world. When we opened the door of our hotel room this morning, we were greeted by this sight:

New York Post Anna Nicole Smith Larry Birkhead.jpg
The news has been mentioned in a few places on ATL (e.g., comments, Morning Docket). But for those of you who haven’t been paying attention: Larry Birkhead is the Anna Nicole Smith babydaddy.
(Which may not result in the financial windfall that Birkhead might have been expecting.)
LUSTY LARRY LICKS ‘EM IN ANNA NICOLE DADDY DERBY [New York Post]
Earlier: Oh Crap. This Baby Ain’t Worth Millions? Then You Take Her!

Morning Docket: 04.11.07

By B Clerker

* Creepy smut producers gone wild. [MSNBC]
* Pacman Jones suspended for the 2008 season, Chris Henry out for eight games. [SI]
* It’s Birkhead! [CNN]
* Duke lacrosse charges likely to be dropped. [CNN]

Oh Crap. This Baby Ain’t Worth Millions? Then You Take Her!

By David Lat

Anna Nicole Smith 3 Anna Nicole Smith photo photograph pic picture Above the Law Above the Law.JPGHere’s an interesting analysis of the underlying merits of the litigation over J. Howard Marshall’s estate. It contains some bome bad news for Anna Nicole Smith’s infant daughter, Dannielynn.
From a Legal Times piece by Professor Horace Cooper (who narrowly missed being a colleague of Kiwi Camara, and probably isn’t unhappy about that):

[T]here 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.

We’ll spare you Professor Cooper’s detailed examination of the case, which deploys such fancy-pants legal terms as “de novo” and “res judicata.” We’ll just give you his bottom line:

A separate trial in the Bahamas is going forward to determine who Dannielynn’s biological father is. Once that is answered, will the biological father continue his efforts to secure custody after all the legal claims on the Marshall estate are extinguished?

I predict that once those claims are finally exhausted, even King Solomon himself might not have the wisdom to find a father for this baby.

And Judge Larry Seidlin is no King Solomon.
Anna Nicole’s Daughter Is No Million-Dollar Baby [Legal Times]

Morning Docket: 04.10.07

By B Clerker

* Coke sues film makers for showing Jesus drinking a Coke and saying, “My God, what a testimonial.” [BLT]
* Dean Ken Starr visits HLS for a reenactment of Dred Scott arguments. [CNN]
* Howard K. Stern hires Lin Wood in Anna Nicole Smith case. [CNN]
* AG Gonzales avoids e-mail altogether… Should you? [ABA Journal]
* Or just get a secret e-mail server. [Wonkette]

Celebrity Justice Doesn’t Come Cheap

By David Lat

Are you an in-house counsel concerned about skyrocketing legal fees? Hire TMZ.com to audit the bills you get from outside counsel.
Yes, TMZ — the celebrity gossip website. As they show in their recent dissection of the legal bills submitted by Debra Opri to Larry Birkhead — one of Anna Nicole Smith’s former lovers, who claims to be the father of her daughter Dannielynn — they’re pretty good at finding dubious charges.
Then again, you don’t need to be a forensic accountant to locate the questionable items in Opri’s gargantuan bill:

bloomin onion Blooming Onion Outback steakhouse Above the Law blog.jpgLarry Birkhead got a Fed Ex on Saturday, and it was not good news. It was a bill for legal services from Debri Opri, the lawyer he fired two weeks ago. The total: $620,492.84.

Opri billed her services out at $475 an hour. Here are some of the charges…

- On February 24, 2007, while Opri and Birkhead stayed at a private residence in Ft. Lauderdale during the Florida hearing, Opri billed $600 for Seafood World. We’re told she brought four trays of lobster to the house. The bill says, “Dinner gift/Ft. Lauderdale house stay.” But it was no gift to Larry. That same day, she billed $211 for items at Publix grocery store.

- Opri billed Birkhead $4,265 for Cingular roaming service while she was in the Bahamas.

- March 8, 2007, Opri billed $161.65 for an Outback Steakhouse dinner. And get this — the bill was for $111.65. Opri left a $50 tip and billed Birkhead, who wasn’t even there!

Tipping $50 on a $100 tab, and passing the charge through to your client? Seems inappropriate.
But that Bloomin’ Onion is pretty delish — despite rumors that it’s what really killed Anna Nicole Smith….
Debra Opri Bills Birkhead King’s Ransom [TMZ.com]

Morning Docket: 04.03.07

By Billy Merck

* Supreme Court says EPA can regulate greenhouse gases. [U.S. Supreme Court (PDF)]
* Fourth Circuit’s reading of PSD regulations did not comport with Clean Air Act’s limits on judicial review of EPA regulations for validity, so Duke Energy’s summary judgment gets reversed. [U.S. Supreme Court (PDF)]
* More interminable Anna Nicole legal news: Howard K. Stern drops his appeal of using DNA to determine paternity, and some kind of a hearing will be held tomorrow. Apparently Bahamian court rules prevent us from knowing the nature of the hearing. [CNN]
* Bong hits 4 glaucoma in New Mexico. [Jurist]
* DNA evidence to the rescue once again. [CNN]

You Know Your Will Was Not Well Drafted When…

By David Lat

It becomes fodder for Trusts & Estates courses and casebooks.
Smith Death a Case Study at Law Schools [Associated Press via TaxProf Blog]

Morning Docket: 02.27.07

By B Clerker

Anna Nicole Smith 3 Anna Nicole Smith photo photograph pic picture Above the Law Above the Law.JPG* Southern Poverty Law Center’s getting it done. [CNN]
* NLJ reports that Camp 6 at Gitmo shows little improvement for cleared prisoners. [Law.com]
* Bobby Brown has to stay downtown (until he throws down about nineteen thou’). [CNN]
* Barry Bonds won’t cooperate in steroids investigation. [Sportsline]
* Anna Nicole Smith’s mom appeals. [CNN]

Judge Larry Seidlin: What a Clown

By David Lat

For all of the references in his introductory remarks to being “dignified,” Judge Larry Seidlin was anything but. We’re mortified.
Words don’t do him justice. Just watch this video clip of his ruling in the Anna Nicole Smith matter:

Some highlights (or lowlights, as the case may be):

(1) Judge Seidlin’s theatrical sigh, around the one-minute mark;

(2) the start of the full-blown breakdown, at about two minutes;

(3) the judge’s tear-suffused repetition of “I want her to be buried, I want her to be buried”; and

(4) Judge Seidlin’s wannabe poetic conclusion: “It’s a long order. It’s a long order.”

We take back what we said yesterday. Please, television execs, for the love of God: Do NOT give this man his own TV show.
Earlier: Prior ATL coverage of Anna Nicole Smith (scroll down)

Anna Nicole Smith Is Bahamas-Bound

By David Lat

Larry Seidlin 2 Judge Lawrence Seidlin Above the Law Anna Nicole Smith.JPGJudge Larry Seidlin has awarded custody of Anna Nicole Smith’s (rapidly decomposing) body to attorney Richard Milstein, guardian for Smith’s 5-month-old daughter, Dannielynn. From the AP:

Blubbering as he announced his ruling, a judge said Thursday he hopes Anna Nicole Smith will be buried in the Bahamas, but he left the decision up to the guardian of her baby daughter….

The judge choked up frequently and wept as he explained his decision.

Now will someone please give Larry Seidlin his own TV show, so real-life litigants don’t have to put up with him? If breaking down on camera isn’t a recipe for a successful television career, we don’t know what is. Just ask Anderson Cooper.
Update: It looks like Anna Nicole Smith will be buried in the Bahamas, next to her son Daniel Smith. From TMZ.com:

After shredding each other for the past four days, Howard K. Stern and Larry Birkhead simultaneously announced, without any seeming anger toward each other, that Anna Nicole Smith will be buried in the Bahamas.

The announcement came just a few minutes after Judge Larry Seidlin decided that Dannielynn’s court-appointed guardian should mediate the dispute.

The wishes of Stern and Birkhead are relevant because Milstein was directed to make his decision about where to bury Anna Nicole Smith in consultation with the parties to the case.
Judge Gives Smith’s Body to Baby’s Guardian [Associated Press]
Hatchet to Be Buried With Anna? [TMZ.com]

The Anna Nicole Smith Litigation: Every Case Gets the Judge That It Deserves

By David Lat

Larry Seidlin Judge Lawrence Seidlin Above the Law Anna Nicole Smith.jpgWhile we were in line at a coffee shop yesterday, footage from the Anna Nicole Smith case was playing on a television above the counter. The customer in front of us turned around and said: “That judge is CRAZY.”
We agree. Judge Larry Seidlin, of Broward Circuit Court, has to be the most ridiculous judge to preside over celebrity litigation since Judge Lance Ito.
If you haven’t been following the litigation, here’s a good CNN write-up:

Judge Larry Seidlin, with his distinctive Bronx honk, down-to-earth approach and plain language, is as much a part of the show in Broward Circuit Court as the case he is presiding over.

Seidlin is hearing arguments over the status of the earthly remains of recently deceased tabloid fixture Anna Nicole Smith. But arguments over child custody and paternity have made their way into the courtroom.

Some legal observers, and even one of the participants, say Seidlin has allowed the proceedings to become a circus.

E.g., Jeffrey Toobin, of CNN and the New Yorker:

“This may be the most ridiculous legal proceeding I have ever watched,” Toobin said. “This judge is one of the least competent judges I have ever seen. He is letting this thing meander all over creation, mostly because he seems to enjoy being on television.”

Court TV’s Lisa Bloom concurs, observing that it’s all “wearing a little thin.”
But legal affairs reporters aren’t the only ones with low opinions of Judge Seidlin:

According to the Miami Herald, 22 percent of the lawyers responding to the 2004 Broward County Bar poll found Seidlin unqualified.

A blog of the Justice Advocacy Association of Broward concludes that Seidlin is, among other things, a victim of “his inner comedian.”

We’ve all seen judges like this (and we’ve all laughed, with exaggerated loudness, at their jokes). CNN suggests a motive for Judge Seidlin’s hamming it up in the Anna Nicole Smith proceedings:

The judge’s offbeat folksiness combines the directness of a Judge Judy with the touchy-feely common sense of a Dr. Phil. He could be auditioning for his own television show….

“He’s very entertaining, there’s no question about it,” [said Court TV's Lisa Bloom]. “But it’s not about entertainment. At Court TV we keep in mind that these are real people here.”

This is confirmed by TMZ.com, which reports that “Judge Larry Seidlin’s dream is to become a judge on a TV courtroom show” — and notes that his surname “is extremely similar to Judge Judy Sheindlin.”
Here’s a telling fact: Judge Seidlin is a former New York cabbie. You know when you climb in a cab, with a splitting headache, and just want to sit back with your eyes closed — but the cabbie insists on talking your ear off? Judge Seidlin sounds like he was one of THOSE cabbies, back in the day.
Please, Your Honor — spare us. We’re not interested in your thoughts on the war in Iraq (referenced in a lengthy spiel on Wednesday).
Just drive. Thank you.
P.S. Not all taxicab drivers turned judges are so problematic. See, e.g., Thomas Hardiman (W.D. Pa.) — who drove a cab before going to law school. But Hardiman, of course, is a federal rather than state judge.
If Anna Nicole Smith Case Is a Circus, Judge Is Ringmaster [CNN]
All Rise!!! Judge Seidlin Says He’s Ready for TV [TMZ.com]

Morning Docket: 02.21.07

By Billy Merck

Anna Nicole Smith 2 J Howard Marshall Anna Nicole Smith J Howard Marshall Anna Nicole Smith pic picture photo photograph.JPG* The standard for predatory-bidding claims is the same as that for predatory-pricing claims, and Ross-Simmons didn’t meet it. [U.S. Supreme Court (PDF)]
* A certiorari petition to the U.S. Supreme Court does not toll the 1-year statute of limitations for seeking federal habeas relief from a state-court judgment. [U.S. Supreme Court (PDF)]
* Juries can’t punish defendants for harm done to nonparties. [U.S. Supreme Court (PDF)]
* James Brown to finally be buried. [CNN]
* But the fight for the right to bury Anna Nicole Smith continues. [CNN]

Morning Docket: 02.20.07

By Billy Merck

Anna Nicole Smith ANS pic Anna Nicole Smith photo Anna Nicole Smith photograph former topless dancer Supreme Court Above the Law Above the Law ANS.JPG* Are we really gonna let this guy spend 10 years in jail for a BJ? [New York Times via How Appealing]
* Bizarre Anna Nicole Smith saga continues to be so. [CNN]
* Portland lottery winners fight for their right to party. [CNN]
* XM gets Sirius about making profits; will the merger be allowed by regulators? [Washington Post]
* Parker Posey’s character in “The House of Yes” would appreciate this. [AP via Yahoo!]