The Marshall's Won't Settle?

While Ms. Smith got nothing in Texas, a federal court in California awarded her $474 million in a complicated legal twist that began after she declared bankruptcy. That was later overturned.
Then in March, the U.S. Supreme Court put the case back on the table. The justices ruled that federal courts could have jurisdiction and told the 9th Circuit Court of Appeals to reconsider its merits.

Mr. Hardin said the court soon will be notified that Elaine Marshall is now the estate representative.
And that could create the chance of a settlement, said Kent L. Richland, one of Ms. Smith's attorneys.
"Certainly, there is a fact that there will be a change in personalities involved," he said. "That opens up the possibility there will be a different attitude. Assets change hands. That is often a time when people want to access what is in their best interest."

Ms. Smith declined to comment about the case, and J. Howard III did not return messages asking for comment. But Pierce Marshall's family members say they won't settle. "Nothing has changed from the family's standpoint as to how this case should end up and we will handle it as Pierce did, in his honor," they wrote.

Nothing would please Lynn Barker more. A bartender from Baytown and a juror in the original state trial, she said she became very attached to Mr. Marshall.
"I cried for two days when I heard he died. Let everybody know he was a good man. He should have lived a long time. People need to know we lost a very valuable part of our society," she said. "Everybody's all, 'Anna Nicole, Anna Nicole.'"

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