• In 1996, during the pendency of the Texas probate proceeding, Anna Nicole filed a voluntary Chapter 11 bankruptcy case in the Los Angeles area. This move was a classic case of venue shopping—taking the case to another court to “shop” for a favorable verdict.
  
  
• In 2001, the judge and jury in the Texas probate court unanimously agreed that the overwhelming evidence showed that J. Howard Marshall, II took the necessary and legal steps to protect his estate and intended heirs, as well as provide for Ms. Smith.
  
  
• Also in 2001, prior to the Texas probate court (judge and jury) decision, the bankruptcy judge in California decided to accept all of Smith's allegations in response to a dispute over pre-trial "discovery." This judge refused to hear witness testimony and awarded Smith $475 million.
  
  
• The Full Faith and Credit clause of the U.S. Constitution demands that courts of the various states and the federal judiciary give deference to the prior judgments of one another. Further, common law doctrines (res judicata, collateral estoppel and judicial economy) dictate that the same case should not be litigated twice between the same parties. Ms. Smith’s legal team wants to do just that, and hopes the 9th Circuit Court of Appeals will ignore the ruling of the Texas Probate Court and jury as they re-examine this case.
  
  
• The 9th Circuit initially ruled on December 30, 2004 that this issue should not be decided before the federal courts. Rather, the findings of the Texas jury, which ruled on the merits of the case in favor of the E. Pierce Marshall, should be upheld.
  
  
• Preclusion matters, and it is clear that the “trial of record” for this case was the Texas Probate Court proceeding.

Anna Nicole was generously provided for during her relationship with J. Howard Marshall, II. Here is what jurors have been told that J. Howard gave to Anna Nicole during their entire relationship, not just the marriage.

(The photos below are representations and not the actual gifts given to Mrs. Marshall.)

Modeling/Acting Clothes: $699,000	Jewelry: $2,804,000
Ranch: $693,000	Ranch Furnishings: $230,000
Misc. Disbursements: $439,000	Mercedes: $82,000
Los Angeles House: $597,000
Total: $6,607,000