Bienert Katzman Littrell Williams LLP attorneys Thomas J. Bienert, Jr. and Tony Bisconti secured a dismissal of contempt proceedings initiated against their client Edwin Hunter (“Hunter”), the trusts and estate attorney for J. Howard Marshall II, by Howard K. Stern, the executor of the estate of Vickie Lynn Marshall, a.k.a. Anna Nicole Smith (“Vickie Lynn”).

Stern had filed a motion seeking sanctions against Hunter and the estate of E. Pierce Marshall (“Pierce”), J. Howard Marshall’s son, alleging that Hunter’ s and Pierce’s misconduct during the protracted litigation over Vickie Lynn’s and J. Howard Marshall II’s marriage and estates caused a $44 million loss. 

In late 2013, BKLW filed a motion to dismiss the sanctions proceedings against Hunter on the grounds that Hunter and Vickie Lynn had entered into a settlement agreement in 2000 through which Vickie Lynn had released Hunter for any liability for sanctions in exchange for $350,000 (“Agreement”).  The Agreement, therefore, precluded Stern from pursuing or benefiting from sanctions against Hunter. 

In August 2014, a judge in the United States District Court for the Central District of California issued an order denying Stern’s motion for sanctions, finding that the Agreement barred recovery against Hunter. 

Read More:

Related Insights

Oct 15, 2024 Case Successes

BKLW secures dismissal of appeal of bankruptcy court lawsuit seeking more than $10 million in damages

Bienert Katzman Littrell Williams LLP partner Tony Bisconti and associate Carlos Nevarez successfully obtained an order from the U.S. District Court for the Central District of California dismissing an appeal arising from a...
Jun 29, 2024 Case Successes

Anti-child trafficking rescuer dismissed with prejudice from alleged abuse case

On June 27, 2024, a Utah Court dismissed all claims against Bienert Katzman Littrell Williams LLP’s client Timothy Ballard with prejudice. BKLW partners Thomas H. Bienert, Jr. and Whitney Z. Bernstein, associates Alexis...
May 14, 2024 Case Successes

Motion to dismiss secured for high-profile client in alleged abuse case

On May 9, 2024, a Utah Court dismissed the case against Bienert Katzman Littrell Williams LLP’s client Katherine Ballard with prejudice under Utah’s newly enacted Uniform Public Expression Protection Act (Utah.Stat. §...