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Archive for August, 2011

Enormous confusion. The high court’s ruling in ‘Marshall’ could place at stake the authority of magistrate judges to hold trials involving state law claims.

The U.S. Supreme Court’s recent decision in Stern v. Marshall, 131 S. Ct. 2594 (2011), has a narrow holding, but potentially enormous implications for bankruptcy courts and litigation in the federal courts. The authority not just of bankruptcy judges but also of federal magistrate judges is now uncertain. The case involved a dispute between Anna Keep Reading…

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Contrived probate disputes unlikely topic in “proper estate planning” discussions

Call us jaded, but suggestions of how to avoid “unforeseen” estate issues never seem to take into account the real ugliness at work in today’s world whereby individuals – both inside and outside the legal profession – often contrive probate disputes.  All the “proper estate planning” in the world can’t stop an estate from being Keep Reading…

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Where there’s a will, there’s protection of your possessions (BC)

Coquitlam resident Maureen Zarzycki was only 62 when she died of complications from diabetes last July. After she died, her husband Ralf asked Maureen’s sister Kathleen Wallden, to help prepare a will, which she did. Ralf was an only child, and the couple didn’t have children of their own or a huge pile of assets. Keep Reading…

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Judge tosses judgment in Springfield man’s death (MO)

This is one of those cases in which you really have to wonder about the back channel activities leading to a judge voiding a seemingly legitimate (and not seemingly excessive) jury assessed judgment in the murder of this probate attorney: SPRINGFIELD, Mo. (AP) — The ex-wife of a prominent southwest Missouri attorney and book collector Keep Reading…

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Efforts to reclaim Nazi-looted art undermined in court

The U.S. Justice Department seems bent on undermining decades of efforts to secure a modicum of justice for Holocaust survivors and their heirs, at least with respect to Nazi-looted art. Inexplicably, the Justice Department asked the U.S. Supreme Court to deny a rehearing of Von Saher v. Norton Simon Museum of Art at Pasadena, in Keep Reading…

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