Friday, March 19, 2010

Hooray Ninth Circuit!

The Ninth Circuit Court of Appeals has been busy lately. News from this court is a mixed bag as they are known for being the most overturned circuit court in our country. Two different rulings from this court over the last week have given me some hope as it relates to freedom and liberty.

First, a seminarian (this is a dude training to be a Roman Catholic Priest) sued for overtime pay as his duties at the seminary, which included helping with mass, probably made his timesheet rather busy. The seminarian claimed that he was due compensation for time-and-a-half but the ninth circuit rightly ruled that he wasn't. Protecting the first amendment and his freedom of association (or diassociation) was key in ruling against him. He should try being Lutheran...just a suggestion.

Secondly, the court ruled in favor of the son of Texas oil tycoon Howard Marshall, who was married to Anna Nicole Smith back in 1994 after meeting him while working at a strip club. This one was tough as over 300 million dollars was up in the air. It either went to the oil tycoon's son or it went to the very young daughter of dead tycoon's wife who was also dead...whose only legal heir was her oldest son who was also dead. Seems like common sense prevailed and they decided to just let the tycoons keep their money. What's more American than that? It'd be nice if the tycoons setup a trust for the young girl just the same.


Gino said...

how can the baby not be her legal heir? thats what i didnt get.

if the money would have been awarded to anna if she were still alive, then the moeny should be awarded to whoeveer would have been stuck with it at her death.

if she was due the money, it was due long ago. its an owed debt.

would you expect your employer to pay your estate $ owed after you were dead?

Tracy said...

Yeah, and the more I read over this case the more I think the court treated it as if Anna were alive and indicating that she was not due the money. I think the bottom line is that you and I need to be VERY careful when we're older and sign a pre-nup with any strippers we marry.