Re: [Discussion] Wade Robson files claim of sexual abuse against MJ-Estate
Everyone
I said this before and I'll say it again. This is going to take some time. It would require several motions, multiple hearings , judge taking stuff into consideration, making a decision and even entertaining oppositions / appeals to his decisions. That's the process, it takes time. a judge cannot just throw a lawsuit away even though it might seem frivolous. Even the crazy Billie Jean who claims to be the kids mother gets her day in the court.
So just simply prepare yourself for this to take time.
yes it's public's right to information. In USA the system is called "Public Access to Court Electronic Records" , there's freedom of information act. Majority of the stuff is public record and available to everyone for a fee. That's how I get all the documents and report about.
Wade filed the documents temporarily sealed and the judge is denying that and saying he will redact them. Still the allegations will remain redacted and private while the other stuff in the motions - such as reference to previous court cases and so on - will be public. So it's still good. It's good as long as this doesn't go to trial.
In this instance I believe the biggest difference will the statue of limitations. Creditor claims has to be filed within 1 year of the death unless there's an exception. So most probably Wade's lawyer is expecting creditor claim to be thrown out so they also filed a civil lawsuit.
Other than that how they are handled also different. for example if you submit a creditor claim and estate thinks it's a valid claim they can simply pay it and ask the judge approve it. A case however - unless settled - will go through several stages including discovery and actual trial.
It's also common practice to file a lawsuit when Estate refuses a creditors claim to force them go through the legal phase. For example both Tohme and Demann filed lawsuits against Estate after Estate refused to pay their creditor claims.
The dates are determined by the openings in the judge's calendar. For example a judge will say "I have an opening at June 16th 9:00AM", unless the lawyers have a previous obligation - such as another trial / court hearing they need to be - they'll accept the date.
This is a court, this is a judge and these are lawyers, they don't think like "this is Michael's vindication day or his death anniversary", it's a business day for them.
Everyone
I said this before and I'll say it again. This is going to take some time. It would require several motions, multiple hearings , judge taking stuff into consideration, making a decision and even entertaining oppositions / appeals to his decisions. That's the process, it takes time. a judge cannot just throw a lawsuit away even though it might seem frivolous. Even the crazy Billie Jean who claims to be the kids mother gets her day in the court.
So just simply prepare yourself for this to take time.
So that was it for today?
^guess so.
I don't understand why he wants to unseal them before he makes a decision on whether it will go on or not?
The judge is the only one who decides if this case were to go on, no jury or anything, so why does it matter whether or not the documents are unsealed. He got to read them. Isn't that the only thing that matters.
I just want there to be a decision one way or another. This waiting is miserable.
I guess it's because of the public's right to information.
yes it's public's right to information. In USA the system is called "Public Access to Court Electronic Records" , there's freedom of information act. Majority of the stuff is public record and available to everyone for a fee. That's how I get all the documents and report about.
Wade filed the documents temporarily sealed and the judge is denying that and saying he will redact them. Still the allegations will remain redacted and private while the other stuff in the motions - such as reference to previous court cases and so on - will be public. So it's still good. It's good as long as this doesn't go to trial.
What is the difference between a creditor's claim and a civil lawsuit btw? Aren't they both about financial compensation? If I understand correctly, the cc is Wade sueing the Estate in Michael's place for the "abuse" and the civil lawsuit is Wade sueing some of Michael's companies because they failed to protect him from the "abuse" or something. If Wade loses the cc can he still win the civil lawsuit? I mean, can Wade receive compensation from MJ's companies for failing to protect him from "abuse" that the court is not convinced ever happened?
In this instance I believe the biggest difference will the statue of limitations. Creditor claims has to be filed within 1 year of the death unless there's an exception. So most probably Wade's lawyer is expecting creditor claim to be thrown out so they also filed a civil lawsuit.
Other than that how they are handled also different. for example if you submit a creditor claim and estate thinks it's a valid claim they can simply pay it and ask the judge approve it. A case however - unless settled - will go through several stages including discovery and actual trial.
It's also common practice to file a lawsuit when Estate refuses a creditors claim to force them go through the legal phase. For example both Tohme and Demann filed lawsuits against Estate after Estate refused to pay their creditor claims.
I am beyond sickened at these dates - June 13 and June 25. It's like they chose these dates on purpose.
About those dates, usually the parties get their calender and the judge says how about June 25th. Now the estate lawyers could say the 25th is Michael's death anniversary and they have some activities to conduct, or something similar, and a new date can be chosen. I was not there so I don't know if the lawyers asked for another date. Maybe they wanted to get the thing out of the way as soon as possible.
I don't understand why this is happening and now those dates? Everything is too much right now.
The dates are determined by the openings in the judge's calendar. For example a judge will say "I have an opening at June 16th 9:00AM", unless the lawyers have a previous obligation - such as another trial / court hearing they need to be - they'll accept the date.
This is a court, this is a judge and these are lawyers, they don't think like "this is Michael's vindication day or his death anniversary", it's a business day for them.