Jackson's mother considering wrongful death suit

Dorothy_Marie

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*I didn't see this posted anywhere else and thought this was important for everyone to know so I made this a break news thread.



http://www.google.com/hostednews/ap/article/ALeqM5iJN6FHrmT75HzSZChIb2PDzFEDXgD9A50II00




Jackson's mother considering wrongful death suit



By LINDA DEUTSCH (AP) – 1 hour ago
LOS ANGELES — An attorney for Michael Jackson's mother says she is considering a wrongful death lawsuit because of the circumstances surrounding her son's demise, and that the singer's personal physician is a likely target.
The idea is still nascent and Dr. Conrad Murray is the main name that's been mentioned, attorney Burt Levitch said Monday, following a court hearing where a judge approved a merchandising deal that will benefit the King of Pop's estate.
"The possibility of a wrongful death action has been floated," Levitch said. "In that regard, no decision has been finalized ... Dr. Murray's name has been floated because he is under investigation."
Authorities investigating Jackson's June 25 death have been focusing on Murray, who they believe administered a powerful anesthetic to the pop singer the day he died. Levitch wouldn't say whether concert promoter AEG might also be a defendant.
"It's fairly obvious from press accounts that AEG had a very active role in Michael's life for the last six months," Levitch said. "They paid for his home and for Dr. Conrad Murray."
"It would be inappropriate to speculate on any potential litigation," said AEG spokesman Michael Roth.
Miranda Sevcik, a publicist for Murray attorney Edward Chernoff, said she had seen the press conference with Levitch, but that doesn't mean a lawsuit "is imminent."
"Whether or not the Jackson family decides to proceed with a civil suit is up to them," she said in an email.
Earlier in the day, a judge signed off on a deal that would soon bring official Michael Jackson merchandise to store shelves, but the fate of a proposed tour of the King of Pop's memorabilia remained in limbo after the singer's mother expressed renewed concerns.
Attorneys for Katherine Jackson withdrew their objections to an agreement with merchandiser Bravado to bring everything from Jackson trading cards, apparel and cell phone themes to consumers.
But her objections remain a roadblock to a deal that would put some of her son's prized items on display later this year. That tour was intended to coincide with the release of a major movie featuring his final rehearsals for a series of London shows.
Levitch said Mrs. Jackson's primary objection is that it was not open to competitive bidding by companies other than AEG. He also said he believed the deal that was negotiated, which would provide a 50-50 split between AEG and the estate, was insufficient.
He also said that Mrs. Jackson has recently reasserted her desire to either be named a co-executor or have a member of the family, designated by her, as an executor. Jackson's will named longtime attorney John Branca and music executive John McClain as the sole executors of his estate, with Katherine Jackson, the singer's children and unnamed charities as beneficiaries.
"No one has reflected on what it takes to nurture an estate and no one is a better position than Katherine Jackson or her designees to do that," Levitch said. "Rather than trying to derail this estate, we would like to take our place at the table."
Howard Weitzman, an attorney for Branca and McClain, said outside court: "I'm not sure why the objections are being made" but said Mrs. Jackson certainly has the right to make them.
"Katherine Jackson is a beneficiary. She's entitled to object to deals that may impact her and the children," Weitzman said.
Attorneys for AEG and the current administrators of Jackson's estate wanted the memorabilia tour approved Monday, but Superior Court Judge Mitchell Beckloff instead scheduled an evidentiary hearing for Friday to determine if the deal represented the best arrangement for Jackson's estate.
The deal is expected to generate up to $6 million for the estate, said Weitzman. One of the concessions Katherine Jackson is apparently seeking is the authority to sign off on the deal.
Beckloff said he was inclined to reject that argument, but wasn't sure that he could grant the estate's administrators approval to enter into the deal without hearing more information.
AEG attorney Kathy Jorrie stressed outside court that the clock is ticking on the deal and it must be approved on Friday to remain viable. The exhibit, would be organized by Arts and Exhibitors International, an AEG owned company which has also staged such traveling shows as the King Tut exhibit and the exhibit of Princess Diana's possessions.
"We think it's the best deal the co-special administrators could negotiate," Jorrie said outside of court. "We don't believe the objections by Katherine Jackson are meritorious
 
If there are angels on any side of this investigation, they are on Katherine's side.
 
wow Katherine is a brave woman.

50:50 deal between AEG and the estate...
to my ears this sounds like an incredible bad share for Michael Jackson.
wasn't it R.P. that time just saying like it's close 'well it's not the usual 95:5 deal we have with other stars' but it is one still good for him?
so memorablia are at 50:50... not open to other companies biding and yeah sure time pressure again...

Katherine is a brave woman. My honest respect!
I bet they've all thought they'd have it easier with her this 'short' after her sons death.
 
Sue all of them Katherine!!! They are guilty.

PS

Hire a food taster ASAP
 
Very interesting...50/50 and not open to anybody else but AEG. Thanks for keeping us updated.
 
I'm wondering where the memorabilia is coming from - who's providing it? How much memorabilia (of sufficient interest) would someone outside of the family legitimately have to launch an exhibition?

I really do feel just the thought of that to be very intrusive and I think the family's views should be an overriding factor in any decision in respect to something like this. Lets face it - the publicity the Juliens auction attracted was not of the positive kind and now he's no longer here it doesn't seem right for any sort of exhibition for the same reason or not quite this soon anyway.
 
Mrs jackson, we all will pray for you. And we all send our love & much respect to you :)
 
In my humbled opinion, this is proof Katherine and her Team are very much aware that her son was murdered and AEG has an active role in the murder.


Just my thoughts and opinion.
 
how long before we actually see something happening?
it's all "might, should, could happen"
is anyone going to be held responsible for this or they'll simply blame it all on MJ? it's been 2 months already
 
If Katherine and the family want to do a civil claim against Murray which is currently being 'floated', she wont get a penny from his because he is in so much debt.

If Murray isn't sent to jail for neglect, possession of the propofol, wrongful administering etc etc then he can't pay her any monies either.

I really really don't think that Murray, if he does go to prison, will go down for long. My thinking is that if it was proved it was murder then he would have been charged by now... this has taken far too long. Fair enough, they are finding other doctors, pharmacies etc but the fact they haven't charged Murray for anything yet is... dubious.

As for the news report - no wonder Murray was pooping him self when he couldn't revive MJ. It would mean he wouldn't get paid for that period (possibly?) let alone letting the King of Pop of the World depart this world from under his nose.

So many stories, so many tabloids - who to believe? even when Joe or Katherine are quoted... is this true from their mouths?. We willl know when a charge, if any is made... there will be a mass media circus. I hope its soon.
 
I think many people would like katherine to keep her mouth shut....:wink:

well she shouldn't. the angels are on HER side. she cant let those devils run their mouths while she keeps silent over everything.
 
Maybe if no criminal prosecution results that may be when a civil lawsuit would be launched - in an attempt to get answers.
 
Wondering if the memorabilia is stuff Michael OWNED, or AEG promotional products? If stuff Michael owned, I can't see why AEG would have ANY right to it, at all.

I hope Katherine has hired a Private Investigator.. . . It's impossible to know from media exactly what to believe, what is true or not true.
 
The announcement of a possible lawsuit is a tactical move.

I was hoping for something like this as it puts the judge and AEG on notice.

The judge has been calling Katherine's objections to AEG deals as "posturing" and had started giving her a hard time when it comes to her son's things, even going as far as to say the things don't belong to her.

Well, by announcing the possibility of a civil lawsuit, Katherine pulls off the gloves, because it had earlier seemed that it would be unfair to go after a company that was helping MJ stage a great show.

But since they have shown all they are out to do is make money off MJ even in death and ignore her objections, what they are being put on notice for is all the millions they will make, Katherine will get it back and more in a civil case.

And this will be a MEGA civil case, because a wrongful death lawsuit also awards damages for the amount of money the person would have made if still alive.
There hasn't been in recent memory an artist, let alone on the scale of Michael, who has had to file a wrongful death lawsuit.

What i also like about this, artists families will begin to realise that when record companies run their beloved to the ground, they can go after those companies. MJ will set a trend where record companies and promoters will think twice before pushing artists too far for their profit.


There are guidelines to calculate that and Michael, being someone who can earn hundreds of millions, is bad news for AEG.

Usually such calculations calculate an average person's earnings, say till retirement age.

Now, for Michael, if you start calculating what his earnings would have been, $400 million and more, then i don't know what AEG will face.

Michael may not have signed the contract but the agreement was that the doctor was being paid by AEG, thereby an AEG contracted employee to take care of Michael's health, who then messed up. Michael was in AEG's hands the previous day during rehearsals and returned home into the hands of an AEG contracted doctor.
No way for AEG to get around that.

The judge, Branca and AEG will have a hard time marketing merchadise approved by the judge when AEG is facing a lawsuit from the mother. That is what you call a clash!
"Hey, buy our MJ stuff but we are being sued for wrongful death of MJ!"

So far they have been ignoring Katherine, but now they will stop and think

Katherine plays hardball, she is not a walkover.

Katherine's lawyers know Murray cannot pay any amount from wrongful death, so it is quite clear they are aiming for AEG through Dr Murray and soon, you may begin to see concessions

Wrongful death is a claim in common law jurisdictions against a person who can be held liable for a death. The claim is brought in a civil action, usually by close relatives, as enumerated by statute.
............
The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt.
................
For this reason it is often easier for a family to seek retribution against someone who kills a family member through tort than a criminal prosecution.
................
Wrongful death is also the only recourse available when a company, not an individual, causes the death of a person; for example, historically, families have tried (both successfully and unsuccessfully) to sue tobacco companies for wrongful deaths of their customers.

http://en.wikipedia.org/wiki/Wrongful_death_claim


Wrongful-death lawsuit
A wrongful death lawsuit brought by the Bessette and Freeman families against the Kennedy estate concluded with an undisclosed out of court settlement.[13] The settlement avoided the publicity of a public trial. The A&E Biography of John Fitzgerald Kennedy Jr., narrated by Jack Peterson, quoted the settlement amount as $50 million.

http://en.wikipedia.org/wiki/John_F._Kennedy,_Jr.#Wrongful-death_lawsuit


Alternative Definitions of Compensation:
  1. replacement of financial support lost to survivors due to premature death
  2. a dollar measure of all support lost to survivors including financial support, household and childcare services, companionship, parental guidance, moral support, love, etc.
  3. a dollar measure of the full loss in utility (well-being) to survivors including item (2) and any additional pain and suffering (grief) due to the loss of a loved one
  4. compensation to the decedent’s estate for the loss of income and enjoyment of life; essentially a dollar measure of the loss in utility (well-being) to the deceased
  5. a dollar measure of the value of a (statistical or unidentified) human life to the individual at risk, which includes financial and non-financial factors as well as concerns of the individual regarding the potential effect of his or her death on survivors
http://www.weitzlux.com/wrongfuldeath/lawsuitcompensation_963.html

If Katherine had been alllowed as executor, it would have meant working with AEG on these deals, making it more difficult for her to sue people she is working with.

But given that she is sidelined, her work is all the much simpler in suing them.

Branca can't spearhead a lawsuit against AEG as he's working on deals with them

But Katherine, whose objections are ignored and who is kept away from the table, is in a poll position to take action
 
Go Get 'Em, Mrs. Jackson! :box:

If Katherine and the family want to do a civil claim against Murray which is currently being 'floated', she wont get a penny from his because he is in so much debt.

If Murray isn't sent to jail for neglect, possession of the propofol, wrongful administering etc etc then he can't pay her any monies either.

I really really don't think that Murray, if he does go to prison, will go down for long. My thinking is that if it was proved it was murder then he would have been charged by now... this has taken far too long. Fair enough, they are finding other doctors, pharmacies etc but the fact they haven't charged Murray for anything yet is... dubious.

As for the news report - no wonder Murray was pooping him self when he couldn't revive MJ. It would mean he wouldn't get paid for that period (possibly?) let alone letting the King of Pop of the World depart this world from under his nose.

So many stories, so many tabloids - who to believe? even when Joe or Katherine are quoted... is this true from their mouths?. We willl know when a charge, if any is made... there will be a mass media circus. I hope its soon.

MOre than likely he has malpractice insurance. Katherine can sue his insurance company as well as him personally. At the end of the day tho, it doesn't really matter if he can't pay personally. A judgment against him in a civil suit will be an albatross around his neck. Everytime he tries to work anywhere a portion of his earnings could be garnished as payment to the Jacksons (think O.J. and how the Browns stayed on his buttocks everytime they thought he was making a dime). So if he makes $8 an hour at McDonalds, Katherine might be entitled to get $3 of that. And with all those kids he has out there, when child support gets done taking their $4, he's going to take home $1 or get a receipt every 2 weeks instead of a paycheck. It's going to be a hard-knock life.
 
She is a brave woman. All she want is some answers about Michaels death. I hope she does get some answers out of this whole thing.
 
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