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Expert Analysis

Still Trying To Close The Stern V. Marshall Can Of Worms

Law360, New York ( August 1, 2014, 1:45 PM EDT) -- Three years ago, in Stern v. Marshall, a case that arose out of the endless litigation between Anna Nicole Smith and the son of her late husband, the U.S. Supreme Court stunned the commercial legal community by reopening what many had believed were long-settled questions regarding the constitutionality of the United States bankruptcy courts. Although the court's opinion in Stern purported to be limited, its analysis made clear that the jurisdictional underpinnings of the entire bankruptcy court system rested on shaky ground. Since then, practitioners and lower courts have struggled to deal with the ramifications of that decision....

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