NBCC CEO Harry Alford Says Forum Shopping by Anna Nicole Smith Estate May Joepardize Civil Rights in USA

Could Anna Nicole Smith case to be heard before the US Supreme Court have an effect on civil rights?

Harry Alford, founder, president and CEO of the National Black Chamber of Commerce posed an interesting question about the correlation between civil rights and the late Anna Nicole Smith. On January 18th, the U.S. Supreme Court will hear oral arguments in a case known as Stern v. Marshall. You may recall the drama that ensued after Ms. Smith and the family of Texas businessman J. Howard Marshall II and his money. I interviewed Mr. Alford Saturday and would encourage you to listen to this riveting interview. The transcript will follow....

Should Bankruptcy Courts Decide Civil Rights Issue? by Harry Alford

Did you know the Supreme Court will hear oral arguments on January 18th on a case that could impact your civil rights?  The case is actually fairly well-known thanks to the late Anna Nicole Smith who 15 years ago began a long and bitter courtroom struggle with the family of Texas businessman J. Howard Marshall II.  The case is known as Stern v. Marshall due to Howard K. Stern, Smith’s former boyfriend and lawyer who serves as executor of her estate.  Many may have heard of the case in celebrity gossip magazines; however what most of the public might not know is how this case could affect their rights.  

Stern v. Marshall first began in Texas probate court before finding its way to California bankruptcy court thanks to ‘forum shopping’ a legal maneuver used by Anna Nicole’s lawyers.  Essentially Smith’s team felt her chances were better in a California specialty bankruptcy court.  The problem however is that specialty courts are not equipped to handle cases of this nature.  Legal experts are concerned that this case will in fact set a dangerous precedent and civil claims will continue to find their way in specialty courts.  For example, an employer being sued for racial discrimination in a district court – which has broad legal expertise and jurisdiction – may move the case to a more favorable specialty Tax Court – one with insufficient legal expertise in civil rights matters – and claim that the underlying discrimination case is rightfully part of the tax proceedings.  This leads us down a slippery slope and would jeopardize American’s basic civil rights.

If we are to shield ourselves from these types of legal abuses, the Supreme Court must rule in favor of Marshall.  This case exemplifies the importance of allowing state and federal courts, constitutionally empowered, to determine cases involving potential violation of civil rights.  Upholding this long-standing and critically important legal tradition will help ensure all Americans are protected regardless of race or socioeconomic status.  The American legal system is based on the principle that justice is blind, we hope this is true, even for celebrities and business leaders.