In the United States, a state court has jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.
Vickie Lynn Marshall, known professionally as Anna Nicole Smith, was an American model, actress, and television personality. Smith started her career as a Playboy magazine centerfold in May 1992 and won the title of 1993 Playmate of the Year. She later modeled for fashion companies, including Guess, H&M, Lane Bryant, Conair, and Heatherette.
A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance and intestacy.
Chisholm v. Georgia, 2 U.S. 419 (1793), is considered the first United States Supreme Court case of significance and impact. Since the case was argued prior to the formal pronouncement of judicial review by Marbury v. Madison (1803), there was little available legal precedent. The Court in a 4–1 decision ruled in favor of Alexander Chisholm, executor of an estate of a citizen of South Carolina, holding that Article III, Section 2 grants federal courts jurisdiction in cases between a state and a citizen of another state wherein the state is the defendant.
In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased, or whereby the estate is settled according to the laws of intestacy in the state of residence of the deceased at time of death in the absence of a legal will.
Estate planning is the process of anticipating and arranging for the management and disposal of a person's estate during the person's life in preparation for a person's future incapacity or death. The planning includes the bequest of assets to heirs, loved ones, and/or charity, and may include minimizing gift, estate, and generation-skipping transfer taxes. Estate planning includes planning for incapacity, reducing or eliminating uncertainties over the administration of a probate, and maximizing the value of the estate by reducing taxes and other expenses. The ultimate goal of estate planning can only be determined by the specific goals of the estate owner, and may be as simple or complex as the owner's wishes and needs directs. Guardians are often designated for minor children and beneficiaries with incapacity.
James Howard Marshall II was an American businessman, government official, lawyer, and legal scholar. He was involved with and invested in the American petroleum industry via his academic, government and commercial endeavors. He owned 16 percent of Koch Industries and was married to American model Anna Nicole Smith during the last 14 months of his life. His estate became the subject of protracted litigation, which was reviewed by the Supreme Court in Marshall v. Marshall and Stern v. Marshall. The court kept the will and testament intact and substantially all of the assets in Marshall's estate wound up in trusts for the benefit of his daughter-in-law, Elaine Tettemer Marshall, and her family.
In the United States, bankruptcy is largely governed by federal law, commonly referred to as the "Bankruptcy Code" ("Code"). The United States Constitution authorizes Congress to enact "uniform Laws on the subject of Bankruptcies throughout the United States". Congress has exercised this authority several times since 1801, including through adoption of the Bankruptcy Reform Act of 1978, as amended, codified in Title 11 of the United States Code and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA).
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction that gives United States federal courts the power to hear lawsuits that do not involve a federal question. For a federal court to have diversity jurisdiction over a lawsuit, two conditions must be met. First, there must be "diversity of citizenship" between the parties, meaning the plaintiffs must be citizens of different U.S. states than the defendants. Second, the lawsuit's "amount in controversy" must be more than $75,000. If a lawsuit does not meet these two conditions, federal courts will normally lack the jurisdiction to hear it unless it involves a federal question, and the lawsuit would need to be heard in state court instead.
A court of general jurisdiction, in the law of the United States, is a court with authority to hear cases in law and in equity of all kinds – criminal, civil, family, probate, and other legal claims.
Everett Pierce Marshall was an American petroleum industry executive. He was the beneficial owner of 16% of Koch Industries, which he received as an inheritance from his father, J. Howard Marshall II. He spent the last 12 years of his life as a defendant in lawsuits by his stepmother, Anna Nicole Smith, and his brother, J. Howard Marshall III, who both sought part of his father's fortune after being left out of the will and testament.
Howard Kevin Stern is an American attorney based in California. He was the domestic partner, attorney and agent of the late model Anna Nicole Smith. He became known as a co-star on Smith's 2002–2004 reality television series The Anna Nicole Show. As of 2019 he works with the Los Angeles Public Defender's Office.
The Dannielynn Hope Marshall Birkhead paternity case, a.k.a. Birkhead v. Marshall, was a high-profile legal battle that revolved around the paternity of Anna Nicole Smith's daughter, Dannielynn. Larry Birkhead, Smith's former love interest, filed a lawsuit against Howard K. Stern, Smith's live-in partner who was listed as the father on the birth certificate, seeking to establish his paternity rights. Dannielynn stood to inherit a substantial fortune if Smith's estate succeeded in its ongoing legal battle to claim inheritance from her late husband, an affluent oil tycoon. Given its significant implications and media coverage, the case involved various legal proceedings and garnered substantial public attention. G. Ben Thompson, a former boyfriend of Smith's who worked as a real-estate developer in South Carolina, claimed that pregnant Smith approached him to inform him that he was the father of her unborn child, but he balked telling Smith that was impossible because he had a vasectomy.
James Howard Marshall III is president and owner of MDH Industries, an electronics company based in Monrovia, California. He is the eldest son of J. Howard Marshall II, who owned 16% of Koch Industries.
Kelly Moore is an American author and former attorney.
David Ormon Carter is a United States district judge of the United States District Court for the Central District of California.
In United States law, the federal government as well as state and tribal governments generally enjoy sovereign immunity, also known as governmental immunity, from lawsuits. Local governments in most jurisdictions enjoy immunity from some forms of suit, particularly in tort. The Foreign Sovereign Immunities Act provides foreign governments, including state-owned companies, with a related form of immunity—state immunity—that shields them from lawsuits except in relation to certain actions relating to commercial activity in the United States. The principle of sovereign immunity in US law was inherited from the English common law legal maxim rex non potest peccare, meaning "the king can do no wrong." In some situations, sovereign immunity may be waived by law.
Stern v. Marshall, 564 U.S. 462 (2011), was a United States Supreme Court case in which the Court held that a bankruptcy court, as a non-Article III court lacked constitutional authority under Article III of the United States Constitution to enter a final judgment on a state law counterclaim that is not resolved in the process of ruling on a creditor's proof of claim, even though Congress purported to grant such statutory authority under 28 U.S.C. § 157(b)2(C). The case drew an unusual amount of interest because the petitioner was the estate of former Playboy Playmate and celebrity Anna Nicole Smith. Smith died in 2007, before the Court decided the case, which her estate lost.
Elaine Tettemer Marshall is an American billionaire heiress. Trusts for the benefit of Marshall and her sons own the 16% beneficial interest in Koch Industries; formerly owned by her husband, E. Pierce Marshall, to whom she was married from 1965 until his death in 2006. These shares were previously owned by her father in-law, J. Howard Marshall, who was married to actress Anna Nicole Smith in the last year of his life.
