Legal Opinion

Marshall v. Stern

Court of Appeals for the Ninth Circuit

Decided March 19, 2010No. 02-56002PublishedCited by 55 opinions

1Opinion of the Court

Opinion by Judge BEEZER; Concurrence by Judge KLEINFELD.

BEEZER, Circuit Judge:

This case returns to us after the Supreme Court determined that we had construed too broadly the “probate exception” to our subject matter jurisdiction. Marshall v. Marshall, 547 U.S. 293, 126 S.Ct. 1735, 164 L.Ed.2d 480 (2006). Confident that we have subject matter jurisdiction over this case, id.; 28 U.S.C. § 1291, we turn to the merits of the longstanding and acrimonious dispute.

This case involves a tort claim by Vickie Lynn Marshall against E. Pierce Marshall, the son of her late husband J. Howard Marshall II,…

2Cases cited36 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Northern Pipeline Construction Co. v. Marathon Pipe Line Co.Supreme Court of the United States · 1982
  3. United Sav. Assn. of Tex. v. Timbers of Inwood Forest Associates, Ltd.Supreme Court of the United States · 1988
  4. In Re Pacor, Inc. v. John Higgins, Jr. And Louise HigginsCourt of Appeals for the Third Circuit · 1984
  5. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989

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3Cited by55 opinions

  1. Stern v. MarshallSupreme Court of the United States · 2011
  2. Executive Benefits Insurance Agency v. ArkisonCourt of Appeals for the Ninth Circuit · 2012
  3. Elaine Marshall v. J. Marshall, IiiCourt of Appeals for the Ninth Circuit · 2013
  4. Wellness International Network, Ltd. v. SharifCourt of Appeals for the Seventh Circuit · 2013
  5. Battle Ground Plaza, LLC v. Ray (In Re Ray)Court of Appeals for the Ninth Circuit · 2010

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