Monday, May 1, 2006
The Supreme Court today decided unanimously in favor of Anna Nicole Smith in Marshall v. Marshall, No. 04–1544 (5/1/06). The 18-page opinion concludes that Smith's claims are not foreclosed by the "probate exception" to federal court jurisdiction. Steve Vladeck notes that Justice Stevens' concurring opinion cites the "in gremio legis" principle, defined by Black's Law Dictionary as "in the bosom of the law."