Supreme Court Overturns 9th Circuit

Pierce Marshall: “I will continue to fight for my father’s will & trust.”

“Today’s U.S. Supreme Court ruling in Marshall v. Marshall was on a technical issue and does not validate Smith’s false claims and libelous accusations. The Texas Probate Court jury verdict that cleared me of any wrongdoing still stands,” said E. Pierce Marshall. “I will continue to fight to clear my name in California federal court. That is a promise that Vickie and her lawyers can take to the bank.” We will now ask the 9th Circuit to overturn the District Court decision on one of the following grounds:

• Vickie’s alleged cause of action does not exist as a matter of Texas law.
• After a 95-day jury trial, the Texas Probate Court ruled first on the same issues.
• The District Court violated Pierce Marshall’s right of due process by failing to allow the defense to call a single witness and improperly waiving his attorney/client priveledge.
• The District Court’s findings of fact are clearly erroneous and the opposite of the sworn testimony of those who did testify. The District Court’s decision is based on a single memo between two lawyers written two and a half years before J. Howard’s death. Both attorneys have testified under oath that J. Howard changed his mind about creating a “catch all trust.”
• The District and Bankruptcy Courts lacked jurisdiction because the bankruptcy case had ended and the claim would have no impact on her bankruptcy estate and creditors.
• The District Court based its decision on documents that were clearly covered by the attorney-client privilege.

“After eleven years of litigation, even Smith’s own attorneys acknowledge they have failed to present a single witness to support her claim that anyone interfered in my father’s business affairs before or after his death,” said E. Pierce Marshall. “I will continue to fight to uphold my father’s estate plan and clear my name.”

“The fact that my father gave Vicki more than $7 million dollars is absolute proof that no one was interfering in his business,” said Marshall. “If Vicki had just acted responsibly she would be financially set for life.”