Prying Jurisdiction Away From Bankruptcy Courts

Law360, New York (June 28, 2011, 6:15 PM EDT) -- On June 23, 2011, the U.S. Supreme Court in a 5-4 decision ruled in Stern v. Marshall[1] that the congressional grant of jurisdiction to bankruptcy courts to issue final judgments on counterclaims to proofs of claim was unconstitutional.

For the litigants, this decision brought an end to an expensive and drawn-out litigation between the estates of former Playboy model Anna Nicole Smith and the son of her late husband, Pierce Marshall, which Chief Justice John Roberts writing for the majority analogized to the fictional litigation in...
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