The District Court found it was unconstitutional under Northern Pipeline Constr. Co. v. Marathon Pipeline, 458 U.S. 50, 79 n.31 (1982), for the Bankruptcy Court to enter any final judgment on the claim. (Marathon held that a bankruptcy court could not finally decided a state law claim against an entity that was not otherwise part of the bankruptcy proceeding.) The Court of Appeals in Stern reversed the District Court (on a different ground) but found that a counterclaim under § 157(b)(2)(C) is properly a “core proceeding arising in a case under the [Bankruptcy Code] only if the counterclaim is so closely related to [a creditor’s] proof of claim that the resolution of the counterclaim is necessary to resolve the allowance or disallowance of the claim itself.”

The United States Supreme Court then, likewise, determined the Bankruptcy court overstepped its jurisdictional power.  Justice Roberts, writing for a 5-4 majority (J. Scalia concurring), held that though the Bankruptcy Court had statutory authority to enter judgment on the counterclaim under § 157(b)(2)(C), it lacked constitutional authority to do so. Relying on Marathon, Justice Roberts observed that since Bankruptcy Courts are not Article III courts, they are not vested with authority to decide state law tort (or contract) claims. Since the counterclaim at issue in the Stern case was “not a necessary part of the claims process,” as it involved “legal and factual questions that would not “necessarily” be resolved in connection with the adjudication of Pierce’s claim,” it could not be constitutionally adjudicated with finality by a bankruptcy court.  The court discussed public rights (those rights so infused with a federal governmental action) versus private rights, and deemed the compulsory counterclaim at issue to be a matter of private rights.  The Court was adamant about how this “narrow” holding would not “meaningfully change” the courts’ division of labor.  “We are not convinced that the practical consequences of such limitations on authority of bankruptcy courts to enter final judgments are … significant.”

Though the Stern holding addresses a rather narrow issue – the question of whether a bankruptcy court has the constitutional authority to enter a final judgment on an otherwise non-core tort cause of action asserted as a compulsory counterclaim in a bankruptcy case – the case raises significant new matters for consideration by any business enterprise, or, individual that may end up engaged in litigation with a debtor entity – that is to say – all of us.  Ultimately, Stern will serve to complicate the decision making tree for individual creditors contemplating the filing of a proof of claim in a bankruptcy case, as well as for parties who may find themselves enmeshed in litigation with a debtor.

Attorneys continue to represent Anna Nicole Smith’s estate and argued in federal California court Wednesday that Marshall Petroleum Inc., should be sanctioned tens of millions of dollars because the son of J. Howard Marshall II, Smith’s late husband, committed probate fraud nearly a decade ago, and swindled Smith out of a share of Marshall’s multimillion-dollar estate. (See below, Probate Battle Illustrates Value of Constitution’s Full Faith & Credit Clause)  “If your honor doesn’t craft a sanctions motion, you’re probably going to have the largest swindle … take place right under this court’s nose, and it’s grotesque that that can occur,” Smith’s attorney Philip Boesch Jr., begged U.S. District Judge David O. Carter, “craft an order … you’re the court of last resort.”

The night before his death, Merah stated he killed the 3 Jewish school children, teacher, and 3 French soldiers for retaliation against the French Army and its involvement in Afghanistan; he bragged about being trained by al-Queda on the Afghanistan-Pakistan border.  His only regret was failing to kill more people.

These atrocities are yet another sobering, omnipresent reminder of the 9/11 attacks. Though passage of time may temper events, we must be mindful of ongoing fanatical terrorist attacks that exist on a global scale.  France declared a moment of silence in memory of the murdered victims at every school campus. IMO, this memoriam should likewise be observed in the U.S.A.

Her vulnerability and reliance on prescription medication paralleled another tragic blonde bombshell, Marilyn Monroe, who perished at 36 in 1962.  ANS’ legal struggles involving claimed inheritance and the misconduct of those in her inner circle continued years beyond her death, and – in a way – became her sad legacy. It is hard to imagine the girl who once adorned many magazine ads, posters and billboards for Guess Jeans in the early ’90s became the subject of so many legal discourses the better part of two decades later.

We hope her story is a wake-up call for the medical and legal community at large.

Congratulations to both teams for their successes.

Monday, 10/24 , Chernoff’s cross-examination was less combative, focusing instead on Shafer’s calculations regarding MJ’s death via an propofol IV drip, and knowledge of drugs and certain interactions.  The defense then began to mount their case with their own batch of witnesses.  First up was Donna Norris, a Communications and Property Evidence Manager for the Beverly Hills Police Department.  She testified that the 911 call placed the day of MJs death lasted 46 seconds from a cell phone.  Next, the defense questioned LAPD surveillance specialist Alexander Supaull, who handed over surveillance footage showing MJ arriving home for the last time at around 12:45 AM on June 25, 2009.  No other footage was available to detail who came in and out of the house, which the defense planned to use as a possible loophole for evidence tampering.   LAPD Detectives Dan Myers and Orlando Martinez testified separately that Alberto Alvarez never divulged putting away vials, bottles or IV bags at Murray’s request when he was questioned about MJs death.  Two months afterward Alvarez mentioned the propofol. Later, Dr. Allan Metzger, claimed MJ – a patient since the 1990s – begged him for IV drugs to help treat insomnia in April 2009.  Dr. Metzger never acquiesced and would not for any amount of money!   The following morning, nurse practitioner Cherilyn Lee took the stand.  She testified during the preliminary hearing how MJ asked her for propofol during his course of treatment in 2009.  MJ advised Lee of his constant drowsiness, which might have been attributed to sleep deprivation caused by copious amounts of Red Bull.  Lee attempted to recommend natural sleep products to MJ, but to no effect.  MJ insisted propofol was needed to help him sleep.  Lee testified it wasn’t used to quell insomnia, and  moreover, it was unsafe for home environment use.  Though she can prescribe medication she, likewise, chose not to behave like a drug dealer selling drugs for money without regard to even a nominal standard of medical care.

Tuesday, 10/25, Randy Phillips, financier of MJ’s “This Is It” Tour, then took the stand to discuss  31 proposed performances, followed by Brandon Keith Phillips, President and CEO of AEG Live. Judge Pastor ruled any information about the tour could not be brought into evidence.  To round out the day, toxicologist Michael Henson, a tech operations officer at Pacific Toxicology took the stand. Michael Flanagan questioned him about urine collected from the scene in Michael’s bedroom and the autopsy for traces of lorazepam, its half life and elimination rate.  Cross examination established that while the Defense’s testing was being performed, Dr. Stephen Shafer had asked the company who tested the urine for the information and the methodology used, but no response was received until it seemed likely the court would be involved.  Wednesday, 10/26, five of Dr. Murray’s patients (some going as far back as 2002) described their positive experiences with his care.  One patient, Gerry Causey,  went so far as to approach Murray to shake his hand and place a kiss on his head, but not before Judge Pastor admonished him with “no, that’s not necessary.”  Thursday, 10/27, Dr. Robert Waldman testified about MJ and 200 mg of the pain killer Demerol at each visit to his dermatologist, Dr. Arnold Klein, for botox and anti-perspiration treatments.  He quantified this as “unusually large,” and could qualify him as being an addict because of this dependency.  Waldman also said MJ could have been suffering from withdrawal symptoms which include insomnia. Waldman and Defense Attorney Robert Walgren had a tense exchange involving the amount of hours Waldman engages in dialysis work; under intense scrutiny, Walgren admitted he was not board certified in addiction medicine by his softened stance on classifying MJ as an addict.  Towards the end of the day, anesthesiologist (and propofol expert) Dr. Paul White testified that, as an alternative to an IV, lollipops laced with propofol may be an effective way to sedate patients, since the anesthetic could be absorbed through tissues in the mouth.  White agreed with Shafer saying propofol couldn’t be absorbed through the stomach, and he only speculated drinking it could have caused his death.

Friday, 10/28 and Monday, 10/31, Dr. White maintained MJ killed himself by self-injecting propofol via catheter in his leg, and stated evidence on scene suggests Murray was responsible for a small, non-fatal Propofol injection;  according to him, no evidence gathered on scene or in Murray’s police interview proved Murray hooked MJ up to a propofol IV drip the day he died, eventhough Murray admitted doing so in the weeks before the pop star’s death.  After a discussion regarding the legal definition of “standard of care” White agreed Murray deviated regarding his treatment of MJ on the day he died.  Upon questioning by the prosecution,  Dr. White confirmed he neither administered propofol in a home setting, nor had he ever heard of it being done before, or, since Murray.  If he were in that situation, then he stated he would have called 911 immediately.  White was fined $1000.00 for contempt of court for disobeying an order by Judge Pastor.  Once White stepped down, Murray told Judge Pastor he would not be taking the stand in his own defense.  Tuesday, 11/1, Dr. Shafer was briefly recalled to reiterate his testimony about how Murray probably left an IV propofol drip running into MJ’s veins after his heart stopped.  Shafer refuted White’s testimony regarding levels of the drug found in Jackson’s urine.  Thursday, 11/3, contentious closing arguments from both the prosecution and defense were heard, culminating with Judge Pastor’s final post trial instructions to the jury.

Today the jury reached its verdict: GUILTY OF INVOLUNTARY MANSLAUGHTER.  RIP Michael Jackson.  Californians have spoken loud and clear with this verdict to those who facilitate fatal drug use, especially those we place in positions of trust, like doctors.  Let’s pray the court respects this jury’s decision, unlike the Anna Nicole Smith case.  My opinion is that Judge Michael Pastor will do just that based on his record of no nonsense in this trial.