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Katherine Jackson - AEG lawsuit : NEWS Only (No discussion)

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ivy

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We are in the phase where one party files a summary judgment motion asking to dismiss all or parts of a lawsuit before it goes to trial. AEG has just filed their summary judgment motion in an attempt to dismiss Katherine Jackson's lawsuit against them.

I will post a brief info and post the documents and then update the thread with the summaries etc. Feel free to read, comment and summarize as well. We are opening this thread first at News and Happenings due to significance of it, later it'll be moved to Trials and Tribulations.

AEG Live, Gongaware and Phillips has filed their own summary judgment motion. I'll be posting the documents for it.

AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting it but mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Almost all depositions AEG cite are marked confidential and filed under seal.

AEG Live, Phillips and Gongaware's Summary Judgment motion link : http://www.scribd.com/doc/115405475/AEG-Summary-Judgment-Motion

[scribd]115405475[/scribd]


AEG Inc, and Leiweike has filed a separate summary judgment motion. I will not be posting the documents for it but mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.

In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.

A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.

A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.

AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.

AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.

A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.

AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)

AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.

AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.

AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.

B. Negligent undertaking

B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.

B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)

4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.

C. Lack of foreseeability

AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.

D. Hiring, training and supervising Murray

AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.

Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.

AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.

AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.

---------------------------------------------

Some tidbits from the additional documents and not redacted parts

Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA. (Ivy's note: This seems to AEG's evidence that Michael's relationship with Murray dated long before they came into picture)

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't even know what Propofol is.

Phillips and Gongaware say that their meetings with Murray was limited to 2-3 meetings.

Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence. (Ivy's note: Which can be used in trial as these people didn't recognize the effects of the drugs , it'll be impossible for us to recognize it.)

The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.

Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.

AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.

------------------------

Oral arguments are set for February 13, 2013. After the oral arguments court would take some to come to a decision.
 
David Daniel ?@CNNLADavid
Judge orders Conrad Murray to give deposition in Katherine Jackson's lawsuit accusing AEG Live of causing Michael Jackson's death. #CNN

MORE:

Conrad Murray ordered to meet with Katherine Jackson's lawyers

By Alan Duke, CNN
February 21, 2013 -- Updated 1847 GMT (0247 HKT)


Los Angeles (CNN) -- A judge has ordered Dr. Conrad Murray to meet with Katherine Jackson's lawyers next month for a deposition in her wrongful death lawsuit against concert promoter AEG Live.
The lawsuit, which is set for trial in April, accuses AEG Live of causing the death of Katherine Jackson's son, Michael Jackson, by pressuring him to prepare for his 2009 comeback concerts while he was in fragile health.
The suit, filed on behalf of Michael Jackson's mother and three children, says that AEG Live executives hired and supervised Murray, who was convicted of involuntary manslaughter in Jackson's death.
Murray lawyer Valerie Wass, who unsuccessfully objected to the deposition, said the decision disappointed her. Wass said she would advise Murray to invoke his Fifth Amendment right to not answer questions.
"But Dr. Murray has a mind of his own," Wass said. "If he decided to answer a question, those parties don't know what he's going to say."
The videotaped deposition is set to take place on March 18 in the Los Angeles County jail where Murray has been serving his sentence since November 2011.
Murray, who was the pop superstar's personal physician, has never been questioned under oath about Jackson's death. He did not testify at his trial.

http://edition.cnn.com/2013/02/21/justice/conrad-murray-deposition/index.html

DR. CONRAD MURRAY
ORDERED TO TESTIFY
in MJ Wrongful Death Suit
EXCLUSIVE

Katherine Jackson is getting her way ... a judge just ordered Dr. Conrad Murray to spill the beans in her wrongful death lawsuit against AEG.

According to legal docs, Mrs. Jackson wants Murray to testify about comments he made in his documentary, in which Murray said an AEG honcho told him, Jackson was on "death skid row" and AEG owned "the toilet paper he wipes his ass with" and "the f**kin' popsicles that his children are sucking on" and "if he doesn't get the show done he's over."

Mrs. Jackson thinks Murray's comments will help convince a jury AEG played fast and loose with her son's life, and that they happily hired the reckless doctor to care for him.

Murray fought the subpoena for his depo, but now he'll have to take the oath next month.


Read more: http://www.tmz.com/2013/02/21/dr-con...#ixzz2LZIfqxew
 
Doc refuses to answer subpoena about why he gave Michael Jackson clean bill of health


By REBECCA ROSENBERG
Last Updated: 10:17 PM, February 20, 2013
Posted: 10:17 PM, February 20, 2013

An elusive New York doctor is refusing to answer a subpoena about the clean bill of health he gave Michael Jackson just months before the pop icon died, according to a suit filed in Manhattan Supreme Court.
Concert promoter AEG Live hired Dr. David Slavit to conduct a physical examination of the singer before his 2009 "This is It" series of performances in London for insurance purposes.

The pop icon's family is suing the concert promoter for pushing him to perform despite his failing health.
Based in Los Angeles, AEG claims that Slavit has repeatedly dodged giving a deposition about his suspect appraisal of Jackson's health and refused to release medical records since April of last year.

The company wants a judge to finally force the New York-based doctor to comply with the subpoena so that the wrongful death suit can proceed.

Phone calls to lawyers for AEG Live and Slavit weren't returned.

http://www.nypost.com/p/news/local/bill_refuses_jackson_answer_subpoena_kLcibvq5IVdg8 MD5H4rFAI?utm_medium=rss&utm_content=%250A%2520%2520%2520%2520%2520%2520%25 20%2520Local
 
While we are waiting for the final order on motion for summary judgment , I give you AEG's redacted reply to Katherine Jackson's opposition to the motion for summary judgment. We didn't see what Katherine's lawyers have filed but AEG's reply can give us an idea about Katherine's claims.

http://www.scribd.com/doc/127473596/AEG-Reply

[scribd]127473596[/scribd]
 
Michael Jackson Lawsuit: Judge Leans Toward Letting Suit Continue
By ANTHONY McCARTNEY 02/25/13 03:45 PM ET EST

LOS ANGELES — A jury should decide whether the promoter of Michael Jackson's final concerts negligently hired and supervised the physician convicted of causing the singer's death, a judge tentatively ruled Monday.

If the ruling stands, it will allow the case by Jackson's mother, Katherine, to go forward and present the theory that concert giant AEG Live controlled the physician who gave the superstar a lethal dose of the anesthetic propofol.

Superior Court Judge Yvette Palazuelos' tentative ruling however eliminates some of Katherine Jackson's claims and an attorney for AEG predicted the company would win at trial.

It is unclear when the ruling will be finalized, or whether the judge will change it. She heard two hours of arguments about the case on Monday but didn't indicate whether her mind had been changed.

AEG attorney Marvin Putnam said he was pleased with the ruling and reiterated his belief that the case should have never been filed.

The case centers on whether AEG did an appropriate investigation of Conrad Murray, a former cardiologist who is serving his sentence after being convicted of the involuntary manslaughter of the pop singer. The case also involves whether AEG controlled him while Jackson prepared for a series of comeback concerts.

Katherine Jackson's attorney, Kevin Boyle, declined comment after the hearing, saying he wanted to see the final order.

He told Palazuelos that AEG created a division of loyalties for Murray between his care of Jackson and maintaining an arrangement that would have paid him $150,000 a month to care for the singer.

Jackson died before Murray's contract was signed, and AEG argues he was not an employee of the company.

"AEG just made this more risky for Michael," Boyle argued Monday.

He said the case was unique and it should proceed intact with claims that AEG is liable for Murray's actions. "This has never happened before, or at least no one's been caught," Boyle said.

Putnam argued that by the time it was negotiating Murray's contract to treat Jackson while performing a series of London concerts, the doctor had already been treating the singer for some time, had relocated from Las Vegas to Los Angeles and had ordered large amounts of propofol to help Jackson sleep.

"Sadly, it appears that Michael Jackson's death would have occurred anyway," Putnam said after the hearing.

Katherine Jackson sued in September 2010 and a trial has been scheduled for early April.

http://www.huffingtonpost.com/2013/...s-toward-letting-suit-continue_n_2760547.html


---------------------------------------------------

This is pretty significant, according to this only negligent hiring claim remains and Leiweke and AEG parent company is out.

Michael Jackson’s mom suing concert promoters
By City News Service, on February 25, 2013, at 1:37 pm
By BILL HETHERMAN

A judge today issued a tentative ruling that Michael Jackson’s mother can move forward with her lawsuit contending that the promoters of Michael Jackson’s never-realized London concerts negligently hired Dr. Conrad Murray as the singer’s personal physician.


Los Angeles Superior Court Judge Yvette Palazuelos said she also is leaning toward tossing aside all other claims that could hold AEG Live liable for Jackson’s death.

Defense attorneys had moved for dismissal of the entire complaint, saying that two years of litigation failed to show the company or its executives did anything wrong.

Palazuelos took the issues under submission and did not say when she would issue a final ruling.

The entertainer was set to perform a string of 50 shows dubbed “This Is It,” but he died on June 25, 2009, at age 50, of acute propofol intoxication at his rented home in Holmby Hills while rehearsing for the concert series.

Katherine Jackson sued in September 2010 on behalf of her son’s three children, Michael Jr., Paris-Michael Katherine and Prince Michael, claiming that the company picked Murray to be pop star’s personal physician.

Murray was convicted of involuntary manslaughter in Jackson’s 2009 death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail.

AEG Live attorney Marvin Putnam maintained his clients never hired Murray and that he, in fact, had been one of many doctors who had treated the singer in the past.

He said after the hearing that he was pleased with the work Palazuelos did in preparing her tentative ruling and that he was hopeful she would conclude that the negligent hiring claim also should be dismissed.

Plaintiffs’ attorney Kevin Boyle declined to comment after the hearing.

He said during arguments that AEG Live, in allegedly hiring Murray, gave little consideration to red flags showing that the doctor was in debt and was not a board-certified cardiologist.

Putnam said most doctors are not board-certified and that the fact that he was in debt was irrelevant.

Putnam also said Jackson had a drug problem for years before he entered into any agreements to perform on behalf of AEG Live.

Palazuelos also said in her tentative ruling that she is leaning toward dismissing Timothy Leiweke, AEG Inc.’s president and chief executive officer, and that company as defendants.

Defense attorneys maintain AEG Inc. and AEG Live are two separate entities.

Boyle maintains that the two companies’ interests are intertwined.

Leiweke stated that he had preliminary talks with Jackson and his manager in the fall of 2008 about a potential tour deal.

He said he did not talk with the singer about any medical treatment and that he never had any conversations with any of the entertainer’s physicians.

“I never met or communicated with Dr. Conrad Murray,” Leiweke stated. “To my knowledge, no other AEG Inc. employee or agent every met or communicated with Dr. Murray either. Given that I never communicated with Dr. Murray in any way, I certainly had no role whatsoever hiring, training or supervising Dr. Murray.”

The tentative ruling would keep Paul Gongaware, Co-Chief Executive Officer of Concerts West (a division of AEG Live) and AEG Live President and Chief Executive Officer Brandon Phillips in the case, which is scheduled for trial April 2.

Gongaware stated in his sworn declaration that he never told Jackson or any of his doctors what medications the singer should take.

“At no point did I ever require Jackson to take propofol,” Gongaware states. “I had no idea Jackson was taking propofol until after I learned how Jackson died in press reports. I had no suspicious whatsoever that Dr. Murray was giving Jackson propofol.”

http://www.swrnn.com/2013/02/25/michael-jacksons-mom-suing-concert-promoters/
 
AEG Escapes Suit Over Michael Jackson's Death

By Ciaran McEvoy

Law360, Los Angeles (February 25, 2013, 7:50 PM ET) -- A California judge Monday tentatively dismissed all claims brought by Michael Jackson's family over Anschutz Entertainment Group Inc.'s decision to hire the doctor convicted in the performer's death, but indicated she would allow a negligent hiring claim against the company's live show subsidiary.

At a two-hour hearing Monday, Judge Yvette M. Palazuelos indicated she would allow a jury to decide whether AEG Live negligently hired, trained or supervised Conrad Murray, who was convicted in 2011 of delivering a fatal overdose of the drug propofol to Jackson on June 25, 2009. Murray currently is serving a four-year prison sentence.

Marvin S. Putnam of O'Melveny & Myers LLP, a lawyer for AEG, said he was pleased that Judge Palazuelos tentatively dismissed the other claims brought by Jackson's mother Katherine Jackson against AEG, including negligence and those that would have found the company liable for Murray's conduct if he had been its employee.

“This is a simply matter that shouldn't have been filed,” Putnam said after Monday's hearing.

But if Judge Palazuelos allows her tentative ruling to stand, Katherine Jackson's lawyers would be allowed to present to a jury their theory that AEG Live controlled Murray, who later killed Jackson.

Kevin Boyle of Panish Shea & Boyle LLP, an attorney for Katharine Jackson, said during the hearing that AEG Live agreed to pay Murray $150,000 per month and was his true master, not his patient Jackson.

“They had him in this situation where his loyalty became divided,” Boyle said.

Jackson's mother lodged the civil lawsuit in September 2011 on behalf of herself and Jackson's children. She claims that in the run-up to the tour, AEG Live breached contractual duties with the pop star by putting its financial motives ahead of Jackson's health and safety.

AEG Live's alleged disregard for Jackson's well-being and the company's insistence that Murray alone treat Jackson contributed to the star's death, Katharine Jackson claims, arguing that AEG Live failed to perform due diligence in hiring Murray, and recklessly and intentionally ignored her son's personal health.

Katherine Jackson is represented by Brian Panish, Kevin Boyle, Peter J. Polos and Robert Glassman of Panish Shea & Boyle LLP, Michael Koskoff and Bill Bloss of Koskoff Koskoff & Bieder PC, and K.C. Maxwell.

The defendants are represented by Marvin S. Putnam, Jessica L. Stebbins and Kathryn Cahan of O'Melveny & Myers LLP.

The case is Jackson v. AEG Live LLC, case number BC445597, in the Superior Court of the State of California, County of Los Angeles.

http://www.law360.com/commercialcon...aeg-escapes-suit-over-michael-jackson-s-death
 
I have a some little tidbits about why Katherine wants to depose Murray.

These are from the documents filed

j6o8y0.jpg


r1j3g6.jpg


Also on Katherine's request MJ Estate has signed a health information authorization form as representative of Michael Jackson while requiring the such information to be marked confidential. In other words Estate has given permission to Murray to discuss his medical treatment of Michael with Katherine's lawyers and labelled such information as "highly confidential".

--------------------------

oh a little tidbit. I was looking over the documents that Katherine's lawyers have filed to get the judge order Murray to sit for deposition.

Katherine's lawyers have deposed Murray's bodyguard (starting from June 26 to the time he got arrested). Apparently Murray's bodyguard has said Murray mentioned that he was owed money from AEG and Murray was frustrated that AEG did not pay him the money owed to him for his services to Michael.

This is one of the reasons Katherine's lawyers say Murray has relevant information - probably to establish an employee-employer relationship.
 
Just got this message

Anthony McCartney ‏@mccartneyAP
.@Ivy_4MJ Ruling was issued yesterday, but hadn't been put into the court's public system when we exchanged tweets earlier.

------------------

Detailed story

SUIT OVER HIRING OF JACKSON DOCTOR TO GO TO TRIAL
By ANTHONY McCARTNEY
— Mar. 1 8:09 PM EST

Calif. A judge ruled Thursday, Feb. 28, 2013 that Katherine Jackson's lawsuit against AEG Live can continue on a single claim of negligent hiring and supervision of the doctor convicted of involuntary manslaughter in her son Michael's June 2009 death. (AP Photo/Matt Sayles, File)

LOS ANGELES (AP) — A judge has dismissed all but one count in a civil lawsuit by Michael Jackson's mother against concert giant AEG Live, which hired a doctor who was convicted of involuntary manslaughter in the singer's death.

Superior Court Judge Yvette Palazuelos' ruling Thursday means that Katherine Jackson will have a trial on her claim that AEG negligently hired and supervised former cardiologist Conrad Murray. The ruling dismisses claims that AEG could be held liable for Murray's conduct and breached its duty to properly care for the pop superstar.

AEG Live was promoting a series of comeback concerts by Michael Jackson in London titled "This Is It." Jackson died in June 2009 while in final preparations for the shows after Murray administered a lethal dose of the anesthetic propofol in the singer's bedroom.

Katherine Jackson's attorney Kevin Boyle was not immediately available for comment but argued at a hearing Monday that AEG controlled Murray's actions and failed to properly investigate him before agreeing to pay him to work as the singer's physician.

He cited Murray's debt problems as a red flag that AEG should have spotted and contends the company created a serious conflict between his responsibility to Jackson and his own financial well-being.

Jackson died at age 50 before a contract that would have paid Murray $150,000 a month was finalized.

AEG attorney Marvin Putnam has said Murray was not employed by the promoter and he expects the company to win at trial. He said Katherine Jackson's lawyers will be unable to prove that AEG should have foreseen that Murray was a danger to the "Thriller" singer.

A trial is scheduled to begin April 2.

http://bigstory.ap.org/article/suit-over-hiring-jackson-doctor-go-trial

--------------------------

some exchanges

Anthony McCartney ‏@mccartneyAP

.@lmt4mj There was lots of discussion at hearing about whether this is more of an independent contractor-type case or an employee case

.@lmt4mj One challenge is that the pleadings have been sealed, and the order issued isn't the full text of the judge's ruling.
View conversation

.@lmt4mj At some point hopefully we'll get redacted filings that will lay out explanations for the ruling in greater detail.

Yes, and instructions (cont) RT @lmt4mj: @mccartneyAP Can she potentially limit testimony allowed if it attempts to prove claims dismissed?

.@lmt4mj ... Instructions to jury on the law will be pretty crucial. As we get closer to trial, we'll see what limitations are placed.
 
Some news stories

Law360's Weekly Verdict: Legal Lions & Lambs


Law360, New York (February 28, 2013, 8:01 PM ET) -- Our weekly roundup of the best and the worst of the legal world is a star-studded affair, with our list of lions featuring a late mega-pop star and a Hollywood tabloid regular who doesn't think all press is necessarily good press. Our lambs include Disney lawyers who failed to get a lifeline on a case involving a blockbuster game show and a high-profile securities lawyer who just couldn't wait for his federal sentence to end before tying one on.

This Week's Legal Lions

Lawyers for the company promoting Michael Jackson's "This Is It" tour moonwalked past a suit related to the King of Pop's overdose death in 2009. On Monday, a California judge tentatively dismissed all claims from Jackson's family against Anschutz Entertainment Group Inc., which hired Conrad Murray as Jackson's personal physician. Murray, who delivered a fatal dose of the powerful sedatives he was giving Jackson, was found guilty of involuntary manslaughter in 2011. The judge ruled that AEG wasn't liable because Murray didn't work for the company, but said a negligent hire claim could proceed. Marvin Putnam, Jessica Stebbins and Kathryn Cahan of O'Melveny & Myers LLP represented AEG.

---------------------------------------------------------

AEG Escapes Suit Over Michael Jackson's Death

Law360, Los Angeles (February 25, 2013, 7:50 PM ET) -- A California judge Monday tentatively dismissed all claims brought by Michael Jackson's family over Anschutz Entertainment Group Inc.'s decision to hire the doctor convicted in the performer's death, but indicated she would allow a negligent hiring claim against the company's live show subsidiary.

At a two-hour hearing Monday, Judge Yvette M. Palazuelos indicated she would allow a jury to decide whether AEG Live negligently hired, trained or supervised Conrad Murray, who was convicted in 2011 of delivering a fatal overdose of the drug propofol to Jackson on June 25, 2009. Murray currently is serving a four-year prison sentence.

Marvin S. Putnam of O'Melveny & Myers LLP, a lawyer for AEG, said he was pleased that Judge Palazuelos tentatively dismissed the other claims brought by Jackson's mother Katherine Jackson against AEG, including negligence and those that would have found the company liable for Murray's conduct if he had been its employee.

“This is a simply matter that shouldn't have been filed,” Putnam said after Monday's hearing.

But if Judge Palazuelos allows her tentative ruling to stand, Katherine Jackson's lawyers would be allowed to present to a jury their theory that AEG Live controlled Murray, who later killed Jackson.

Kevin Boyle of Panish Shea & Boyle LLP, an attorney for Katharine Jackson, said during the hearing that AEG Live agreed to pay Murray $150,000 per month and was his true master, not his patient Jackson.

“They had him in this situation where his loyalty became divided,” Boyle said.

Jackson's mother lodged the civil lawsuit in September 2011 on behalf of herself and Jackson's children. She claims that in the run-up to the tour, AEG Live breached contractual duties with the pop star by putting its financial motives ahead of Jackson's health and safety.

AEG Live's alleged disregard for Jackson's well-being and the company's insistence that Murray alone treat Jackson contributed to the star's death, Katharine Jackson claims, arguing that AEG Live failed to perform due diligence in hiring Murray, and recklessly and intentionally ignored her son's personal health.

Katherine Jackson is represented by Brian Panish, Kevin Boyle, Peter J. Polos and Robert Glassman of Panish Shea & Boyle LLP, Michael Koskoff and Bill Bloss of Koskoff Koskoff & Bieder PC, and K.C. Maxwell.

The defendants are represented by Marvin S. Putnam, Jessica L. Stebbins and Kathryn Cahan of O'Melveny & Myers LLP.

The case is Jackson v. AEG Live LLC, case number BC445597, in the Superior Court of the State of California, County of Los Angeles.

--Editing by Andrew Park.
 
I guess now we know what the Jacksons will argue


Alleged 'smoking gun' e-mail revealed in Michael Jackson death suit
By Alan Duke, CNN

updated 7:14 PM EST, Sun March 3, 2013
STORY HIGHLIGHTS

Michael Jackson's mom and kids accuse AEG Live of pressuring Dr. Conrad Murray
A "smoking gun" e-mail ties AEG Live to Murray, Jackson attorney says
Concert promoter AEG Live argues it did not hire or supervise Murray
Murray is serving a prison sentence for Jackson's 2009 death

Los Angeles (CNN) -- A "smoking gun" e-mail allegedly connecting a concert promoter to Michael Jackson's death was revealed this week as a judge unsealed documents in the wrongful death lawsuit filed by Jackson's mother and children.

The trial next month in Los Angeles could shed new light on the pop icon's last days as Dr. Conrad Murray, who did not testify at his own involuntary manslaughter trial, and Jackson's oldest son Prince, 16, are on the witness list.

Jackson died two weeks before his "This Is It" comeback concerts, organized by AEG Live, were to have debuted in London in the summer of 2009. E-mails suggested that the promoter was worried about Jackson's missed rehearsals and they sought Murray's help in getting him ready.

Prince, Paris and Blanket Jackson and their grandmother, Katherine Jackson, contend that AEG Live's pressure on Murray to have Michael Jackson ready for daily rehearsals despite his fragile health led to his death from an overdose of surgical anesthetic.

The judge ruled Wednesday that Jackson lawyers have shown enough evidence that AEG Live hired and supervised Murray to warrant a jury trial. She also ruled there was evidence to support the Jacksons' claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the pop icon.

"Now that the court has ruled that there is evidence that it was foreseeable that AEG's actions resulted in Michael Jackson's death, the Jackson family feels vindicated from the public smear campaign that AEG has waged against them," Jackson lawyer Kevin Boyle said Sunday. "The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging. We look forward to the trial where the rest of the story will come to light."

A cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's June 25, 2009, death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

Jackson lawyers, calling it a "smoking gun," argue the e-mail is evidence that AEG Live used Murray's fear of losing his $150,000-a-month job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Ortega, who had worked closely with Jackson on previous tours, sounded a loud warning about his health after Jackson showed up for a rehearsal shivering just over a week before his death. He wrote in an e-mail to AEG Live President Randy Phillips: "It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state. I believe we need professional guidance in this matter."

Phillips responded with a glowing endorsement of Murray: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

Jackson lawyers point to another e-mail exchange as evidence that Phillips was directly involved with pressuring Murray to have Jackson at rehearsals. The e-mail was sent by AEG Live tour accountant Timm Woolley to an insurance broker two days before Jackson died: "Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule."

Murray told investigators two days after Jackson's death that he used the surgical anesthetic propofol every night for two months to help him rest for rehearsals. It was a procedure Jackson demanded, he said. The Los Angeles County coroner ruled that Jackson had died from an overdose of propofol in combination with sedatives. Murray is serving a prison sentence for his involuntary manslaughter conviction.

AEG Live argues it has no liability in Jackson's death because Murray was not its employee. AEG lawyer Marvin Putnam did not respond Sunday to CNN calls for comment, but he did give a short statement last year: "Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson."

The lawsuit seeks a judgment against AEG Live equal to the money Jackson would have earned over the course of his remaining lifetime if he had not died in 2009. If AEG Live is found liable, it could cost the company several billion dollars, according to estimates of Jackson's income potential. AEG Live is a subsidiary of AEG, a global entertainment company that is now for sale with an $8 billion asking price.

Los Angeles County Superior Court Judge Yvette Palazuelos, in her ruling rejecting AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."

Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.

While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him." Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live.

The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.

http://www.cnn.com/2013/03/03/showbiz/michael-jackson-death-suit/index.html
 
Michael Jackson wrongful-death suit headed for trial
By Amanda Bronstad Contact All Articles

The National Law JournalMarch 4, 2013



A judge in Los Angeles has cleared the way for Michael Jackson's mother and three children to go to trial on claims that the concert promoter for his planned This Is It tour was negligent in hiring and supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's 2009 death.

Los Angeles County, Calif., Superior Court Judge Yvette Palazuelos ruled on February 27 that AEG Live LLC and its senior executives failed to prove on summary judgment that they had not hired Murray or that they had no reason to believe he would be an unfit physician. Murray was convicted in 2011 of administering a lethal dose of the anesthetic propofol to Jackson and is serving four years in prison.

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," Palazuelos wrote in her order, which became public on March 1.

"Triable issues of fact exist as to whether it could have been foreseeable that Dr. Murray would engage in the exact behavior alleged here: Dr. Murray's provision of drugs which led to Decedent's death," she said.

Palazuelos, however, threw out additional claims for breach of contract based on a "special relationship" between AEG and Jackson created when both signed the This Is It tour contract. Jackson was hardly in AEG's thrall, she said, citing the promoter's reference to Jackson as "the greatest and most beloved entertainer in the world."

"The court does not necessarily disagree," she wrote. "So, given Decedent's status and experience, exerting strong financial pressure is insufficient alone to create undue risk of harm."

She also agreed with AEG that Murray was not an employee and, as such, could not ensure that Jackson would show up for rehearsals. "Assuming that is true, there is no evidence that Defendants exercised or could exercise any control over how (manner or means) that task was to be accomplished."

A trial on the negligence claim is scheduled for April 2.

"We actually have the cleanest, simplest cause of action for us to prove, which is simply that they were negligent in hiring and retaining, keeping on board, the man who's in prison for killing Michael Jackson," said Kevin Boyle of Panish, Shea & Boyle in Los Angeles, who represents Jackson's heirs.

"I am pleased the Court dismissed AEG and Leiweke outright, and dismissed all but one of the remaining claims against the remaining defendants," said Marvin Putnam, a partner at O'Melveny & Myers in Los Angeles who represents the AEG defendants. "Michael Jackson’s death was a tragedy, but as Friday’s ruling and commonsense make clear, AEG was in no position to save Michael Jackson from his longtime battle with addiction."

Jackson died on June 25, 2009, days before he was scheduled to start the This Is It tour in London. He was 50 years old.

Jackson's heirs originally accused AEG Live of negligence and breach of contract in hiring Murray. They asserted that AEG Live valued profits over the singer's health, forcing him to show up to rehearsals despite knowing he was ill in the days leading to his death.

In addition to AEG Live, the suit names its parent corporation, Anschutz Entertainment Group Inc., and its president and chief executive officer, Timothy Leiweke; AEG Live president and chief executive officer Brandon "Randy" Phillips; and AEG Live co-CEO Paul Gongaware.

In her order, Palazuelos found that the AEG defendants had hired Murray as an independent contractor despite the absence of a signed contract. The AEG defendants had argued that a draft contract between Murray and AEG was never executed before Jackson's death.

The judge referred to an oral or implied contract, payments to the doctor in the tour's budget and discussions about Murray's compensation—about $150,000 per month—just before Jackson's death.

"Prior to the anticipated signing of the written contract, the evidence is sufficient to establish that Defendants and Dr. Murray communicated regarding the current medical treatment and care of Decedent," she wrote. The fact that Murray was never paid, or that Jackson retained his services beforehand, does not clear AEG of all liability, she added.

She also disputed that AEG had no forewarning about Murray's actions.

"Plaintiffs presented evidence that Defendants did not conduct a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt," she wrote. AEG executives knew that Dr. Murray had closed his practice in Las Vegas and had no practice in Los Angeles; furthermore, Gongaware, in particular, was familiar with the fact that Jackson's prior doctors had given him large amounts of drugs, she wrote.

"Basically, the court concluded that the plaintiffs presented evidence that AEG could have known the problems with this doctor," Boyle said. "He was financially dependent, and deeply financially in debt, and basically that they had him close all his practices, so this was his only source of income."

In denying the breach of contract claim, Palazuelos concluded that Jackson's heirs had failed to establish that financial pressure established a special relationship between AEG and Jackson. "Extending the special relationship doctrine to financial control would greatly expand the narrow and limited class of special relationships," she wrote. And AEG lacked total control over Jackson's medical care, especially since Jackson saw doctors other than Murray.

"The facts may establish that Defendants gave some input to medical care, but there is no evidence that they undertook Decedent's medical care in its entirety," she wrote.

In a separate order, Palazuelos granted summary judgment to Leiweke and Anschutz Entertainment Group, concluding that neither had a special relationship with Jackson or had hired Murray.

In another order, Palazuelos ruled that several documents provisionally filed under seal under a protective order, including emails among AEG executives, should be made public. She did not unseal documents related to depositions of medical professions discussing Jackson's health or his medical records.

http://www.law.com/jsp/nlj/PubArtic...suit_headed_for_trial&slreturn=20130205061428
 
Do unsealed emails show concert promoter supervised Michael Jackson manslaughter doc?

LOS ANGELES – This summer marks the fourth anniversary of Michael Jackson’s death, but the fallout surrounding his sudden passing continues.
Last week, Superior Court Judge Yvette Palazuelos unsealed email documents in the wrongful death lawsuit filed by mother Katherine Jackson and Michael’s three children -- Prince, Paris and Blanket -- against concert promoter AEG Live.
The judge dismissed all but one count, allowing the Jackson family to go to trial on April 2 with their claim that AEG negligently hired and supervised former cardiologist Conrad Murray.
The ruling dismissed claims that AEG could be held liable for Murray's conduct and breached its duty to properly care for the pop superstar.

The King of Pop died just two weeks before his highly-anticipated, AEG-promoted “This Is It” comeback tour was slated to hit the London stage, but the unsealed email exchanges allegedly indicate that the show organizers may have been aware of Jackson’s fragile health ahead of the big debut.
“The emails reveal that AEG Live and Randy Phillips (the company’s President) knew Michael couldn't perform and that AEG Live hired Murray. They had long denied hiring him,” an inside source told FOX411’s Pop Tarts column. “This is and always had been one of the things the family noted, and AEG denied, which is that they hired Murray. The family believes now that AEG will be inclined to settle and pay out potentially $500 million.”

A key component in the Jacksons’ suit against the entertainment promotion subsidiary of AEG is an alleged email sent to Phillips from show director Kenny Ortega, a longtime confidante of Jackson, expressing fear over the health of the star performer – who apparently turned up to rehearsals shivering – and asking for “professional guidance in this matter.”
Phillips allegedly responded that Dr. Conrad Murray, who is now serving out a prison sentence for involuntary manslaughter having administered a deadly dose of propofol and sedatives to Jackson, was “extremely successful” and that he “does not need this gig and is totally unbiased and ethical.”

Another email sent to Ortega 11 days before Jackson’s death, from AEG Live Co-CEO Paul Gongaware, suggested that the promoters were upset Murray kept Jackson from attending rehearsals the previous day, and allegedly cautioned: “we want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him.”
The Jackson family has long advocated that AEG Live put tremendous pressure on Jackson’s personal physician to keep his $150,000 per month job tending to the world’s biggest musical star and ensuring that he be ready for the tour, irrespective of his health.

The Jackson family’s attorney, Kevin Boyle did not respond to a request for comment. However, AEG lawyer Marvin Putnam vehemently denied any wrongdoings on his client’s behalf.
“The emails that have been unsealed are two out of thousands in this case. They have been cherry-picked by plaintiffs and twisted to say something they simply do not say. The Court’s ruling on Friday specifically found that AEG Live did not control Dr. Murray’s treatment of Jackson. Moreover, as we have said repeatedly, AEG Live never paid Dr. Murray a penny. Nor did it pay for any of his equipment or the propofol he used to treat Jackson,” he said. “ In fact, Dr. Murray purchased that propofol and was treating Jackson long before Jackson told AEG Live that he wanted to add Dr. Murray to his Tour Party.”

As for AEG’s knowledge regarding Jackson’s health, Putnam referred to the testimony given by Ortega, Phillips, and Gongaware in the criminal trial of Murray last year.
“(Michael) appeared ill one night during rehearsals, June 19, 2009. Ortega suggested that AEG Live reach out to Michael and his personal physician, Dr. Murray, to make sure Michael was okay. Randy Phillips did so, and as the very emails you have show, Dr. Murray told Phillips that Jackson was healthy and well, and that stopping the show would be the worst possible thing for him,” he said. “The next day, Phillips and Ortega met with both Jackson and Dr. Murray. Jackson appeared well, and insisted to everyone that he was fine. Dr. Murray likewise assured everyone that Jackson was fine. He then took a couple of days off, and came back to rehearsals later that week with the best performances he’d had the entire rehearsal period.”

But a source close to the Jackson’s contended that the famous family – who are seeking a financial sum equal to the money Jackson would have earned in his future years if not for his premature death – remain confident that they will receive some form of monetary compensation as the case heads to trial.

“They feel that a lawsuit victory or settlement proves their theory that Michael's death was more of a conspiracy than just Murray giving a lethal dose of propofol,” said the insider.
Putnam told the Associated Press he expects the company to win at trial, and that Katherine Jackson's lawyers will be unable to prove that AEG should have foreseen that Murray was a danger to the "Thriller" singer.


Read more: http://www.foxnews.com/entertainmen...chael-jackson-shouldnt-perform/#ixzz2Mftvosee
 
From Judge's final order about AEG Live, AEG Live Productions, Gongaware, Phillips

Summary first, documents below

Claim 1 Breach of Contract

a. Special Relationship

Karherine argue AEG and MJ had a special relationship because AEG controlled all aspects of MJ's life including medical care, advisers, finances and financial future. However Katherine was not able to cite anything to back this up.

Also Katherine was unable to show that AEG had complete control over Michael's medical care as Katherine herself admitted that Michael saw other doctors even one week before his death.

So the court rules there's no special relationship between AEG and Murray.

b. Negligent undertaking

Katherine claims AEG had two undertakings : undertake Michael's medical care and provide an assistant to Murray.

For the first one judge says Katherine could not provide any case law or prove it. And as Michael was seeing other doctors, judge rule that AEG did not undertake Michael's medical care.

Judge rejects the undertaking for medical assistant as Katherine could not show it was asked for Los Angeles, Katie Jorrie testified the assistant was for London and the contract said Murray would choose the assistant - not AEG.

c. Simple Negligence

Katherine claims that AEG created a risk of harm to Michael.

Judge says financial interactions do not create a duty. Judge also states given Michael's status (greatest entertainer with experience) exerting strong financial pressures is alone insufficient to create an undue risk of harm.

Therefore Judge dismisses Claim 1 Breach of Contract

Claim 2 - Negligent Hiring, Supervision and Training

AEG argues they did not hire Murray and could not foresee the risks Murray posed.

Judge states there are triable issues.

Judge states that even though the contract was not signed, a jury must decide if Murray and AEG had a oral or implied in fact contract. Communications, Murray's expenses being budgeted and so on is listed as evidence. Judge makes a note that Michael retaining services of Murray before AEG hired him could be a factor in determining proportional damages and liability.

AEG had argued that Murray was a licensed doctor and was not disciplined and Katherine argued they should have done a more detailed background check. Judge thinks this is a triable issue given that Gongaware had experience and knowledge about "tour doctors" and Michael's previous tours and "tour doctors".

Judge also thinks whether Murray's debt could have been a reason to foresee if such doctor under strong financial pressure may compromise his oath. This is another triable issue.

Therefore this claim will go to trial.

Claim 5 Respondeat Superior

Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors.

Katherine claims that AEG hired Murray in part to ensure that Michael attended rehearsals. Judge says even this claim might be true, there's no evidence that AEG had any control over how Murray did that.

Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor.

Therefore judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.

As Katherine fails to show any evidence that AEG had any control over how (manner or means) Murray did his job, judge dismisses the respondeat superior claim.

http://www.scribd.com/doc/128772581/AEG-Live-Final-Order-2-27-2013

[scribd]128772581[/scribd]
 
Anthony McCartney ‏@mccartneyAP
For folks interested in the Katherine Jackson versus AEG case, judge's rulings have been released. I'm about to post links (cont)

Anthony McCartney ‏@mccartneyAP
... I don’t normally post documents, but these have generated lots of interest and they may answer some questions.

Anthony McCartney ‏@mccartneyAP
Judge issued 2 rulings: one regarding AEG Live, allowing case to go to trial. The other eliminated Anschutz Entertainment Group from case.

Anthony McCartney ‏@mccartneyAP
Here's link to Katherine Jackson vs. AEG Live ruling: http://dl.dropbox.com/u/44590376/K Jackson vs AEG Live summary judgment ruling.pdf …

Anthony McCartney ‏@mccartneyAP
Link to the ruling in Katherine Jackson vs Anschutz Entertainment Group: http://dl.dropbox.com/u/44590376/K ...ertainment group summary judgment ruling .pdf …

Anthony McCartney ‏@mccartneyAP
As for underlying documents related to the Jackson vs AEG summary judgment motions, redacted versions are still sealed.

Anthony McCartney ‏@mccartneyAP
There's been a new motion to keep them sealed until a later court hearing. Looks like it's set for July.

Trial date hasn't moved from April. The motion to seal documents related to summary judgment won't be heard until July.

Attorneys can argue to use exhibits on case-by-case basis at trial. Motions leading up to this ruling Won't be available until after trial, it looks like.
 
Michael Jackson AEG claim to go to trial


A US judge has ruled a legal claim by Michael Jackson's mother and children against concert promoter AEG Live over the singer's death can go to trial.

Jackson's family claim AEG negligently hired and supervised physician Dr Conrad Murray, who was convicted of involuntary manslaughter last November.

They also claim the company pushed Dr Murray into disregarding medical warnings in order to ready the singer for 50 comeback concerts in London.

The trial is due to start on 2 April.

It will centre on AEG's responsibility of Dr Murray, who was sentenced up to four years in prison for prescribing and administering the drug that killed Jackson. The singer died on 25 June 2009, weeks before his first show.

AEG claim Dr Murray was not under its supervision and was working directly for Jackson, who had developed an addiction to strong pain medicine.

Katherine Jackson and the singer's eldest son Prince, 16, are likely to take the witness stand during the trial to refute the promoter's claim.

Court documents show the family's lawyers will refer to a supposed "smoking gun" email from the co-chief executive of AEG, which said: "We want to remind [Murray] that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

The multi-billion dollar lawsuit argues the background check into Dr Murray was a botched job and overlooked his significant debts, which would have made him more likely to succumb to financial pressure.
However when tour director Kenny Ortega wrote an email to AEG asking for "professional guidance" in order to deal with Jackson's "weakened and troubled state", company president Randy Phillips replied saying: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

Michael Jackson during last tour rehearsal at Staples Center in Los Angeles on 23 June 2009
In her ruling, LA County Court judge Yvette Palazuelos said from previous tour experiences with the Black and White singer, AEG employees would have been been aware that his "tour doctors" had given him controlled substances.

She said: "There is a triable issue of fact as to whether it was foreseeable that… a physician under strong financial pressure [might] compromise his Hippocratic oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry."

Jackson's family are suing for financial compensation estimated at $8bn (£5.3bn) - the amount the singer would have earned from the shows had he not died - which is more than the value of AEG's entire company.
The Jacksons' lawyer Kevin Boyle told CNN: "The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging.

"We look forward to the trial where the rest of the story will come to light."

http://www.bbc.co.uk/news/entertainment-arts-21682315
 
Judge sets rules for lawsuit by Michael Jackson’s mother over doctor’s hiring

Associated Press,
Updated: Thursday, March 21, 6:09 PM

<article>LOS ANGELES &#8212; A Los Angeles judge set the stage Thursday for trial of a civil suit by Michael Jackson&#8217;s mother against concert giant AEG Live.

Katherine Jackson claims the company negligently hired the doctor later convicted of involuntary manslaughter in the singer&#8217;s death and failed to oversee him. She and the singer&#8217;s two eldest children are expected to testify about the singer&#8217;s last days.

Legal rulings by Superior Court Judge Yvette Palazuelos anticipated a three-month trial that will revisit events preceding the singer&#8217;s death from an anesthetic overdose in 2009.

Dr. Conrad Murray, who was convicted of manslaughter for administering the drug propofol, is not named in the lawsuit. But the judge agreed to allow him to be brought to court from jail to testify outside the jury&#8217;s presence. He has said he would invoke his Fifth Amendment right not to testify. But lawyers said he could possibly talk about non-criminal issues.

The judge said jury selection would begin April 2 and attorneys estimated the search for a panel could be long and difficult because of the notoriety of the parties and the estimated length of the trial.

The judge granted several plaintiff&#8217;s motions and rejected a few.

She refused to bar AEG from raising the subject of child m*******n charges against Jackson from years ago. Lawyers for his mother claim it&#8217;s irrelevant because he was acquitted.

Katherine Jackson&#8217;s attorney, Kevin Boyle, argued that &#8220;There is nothing more prejudicial than dropping that bomb in court, mentioning child m*******n.&#8221;

But Palazuelos said she would allow testimony that Jackson became despondent and reliant on drugs because of the charges.

She refused to approve inquiry into the finances of Jackson&#8217;s siblings and barred any testimony about a claim that Katherine Jackson was kidnapped by family members and taken to Arizona last year.

She wouldn&#8217;t permit AEG lawyers to ask questions about possible discord in the marriage of Katherine and Joe Jackson and she barred any inquiry into the identity of the biological parents of Jackson&#8217;s three children.

Katherine Jackson&#8217;s suit seeks hundreds of millions of dollars from AEG including $200 million in non-economic damages, including emotional distress.

The case centers on whether AEG did an appropriate investigation of Murray and whether they controlled him while he was preparing Jackson for a series of concerts in London.

During arguments, the question arose of why Katherine Jackson did not sue Murray.

Attorneys disclosed that Jackson&#8217;s son Prince and his daughter, Paris, testified in depositions that they believed Murray was &#8220;a good person&#8221; and didn&#8217;t want him sued. But Katherine Jackson, who had the decision, testified it was financial, they said.

The judge said AEG could have sued Murray as well.

&#8220;The same questions can be asked of you,&#8221; she told AEG lawyers. &#8220;Why didn&#8217;t you sue him?&#8221;
&#8220;Because we&#8217;re not required to,&#8221; attorney Marvin Putnam said.

The judge called the issue &#8220;a side show.&#8221;

&#8220;He has no money and that&#8217;s why they&#8217;re not suing him,&#8221; Putnam said.

WashingtonPost.com
</article>
 
AEG Live to put Michael Jackson on trial in own death
By Alan Duke
updated 7:25 PM EDT, Mon April 1, 2013

Katherine Jackson: Michael's mother, 82, was deposed for nine hours over three days by AEG Live lawyers. As the guardian of her son's three children, she is a plaintiff in the wrongful death lawsuit against the company that promoted Michael Jackson's comeback concerts.

Michael Jackson's mom and kids claim AEG Live is liable in his death
The suit accuses AEG Live of the negligent hiring of Dr. Conrad Murray
Murray was Jackson's employee, not AEG Live's, promoter's lawyer says
Jury selection begins Tuesday in a Los Angeles court

Los Angeles (CNN) -- Michael Jackson's last concert promoter will defend itself in a wrongful death lawsuit filed by the pop icon's family by arguing that Jackson was responsible for his own demise.

Child molestation accusations against Jackson, for which he was acquitted after a trial, and evidence of his drug addiction will likely be presented by AEG Live's lawyers as they argue that the company had no liability in his death.

Jackson died two weeks before his "This Is It" comeback concerts, organized by AEG Live, were to have debuted in London in the summer of 2009.

"I don't know how you can't look to Mr. Jackson's responsibility there," AEG lawyer Marvin Putnam said. "He was a grown man." Putnam was interviewed for "Michael Jackson: The Final Days," a CNN documentary that will premiere at 10 p.m. Friday.

"Mr. Jackson is a person who was known to doctor shop," Putnam said. "He was known to be someone who would tell one doctor one thing and another doctor something else."

The child molestation trial is relevant because it "resulted in an incredible increase in his drug intake," Putnam said.

Jackson's eccentricities are fair game, AEG Live says
"We're talking about Michael Jackson," Putnam said. "This is a man who would show up in pajamas. This is a man who would stop traffic and get out and dance on top of his car. This is a man who would go to public events with a monkey named Bubbles. This is a man who said he slept in an oxygen chamber."

Lawyers for Jackson's mother, Katherine, and children, Prince, Paris and Blanket, argue that AEG Live is liable because the company hired and supervised Dr. Conrad Murray, who used a surgical anesthetic in a fatal effort to treat the singer's insomnia as he prepared for the comeback concerts. Murray was convicted of involuntary manslaughter and is serving a prison sentence.

Los Angeles County Superior Court Judge Yvette Palazuelos ruled in February that Jackson lawyers have shown enough evidence to warrant a jury trial on the negligent hiring case. She also ruled there was evidence to support the Jacksons' claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the singer.

The lawsuit seeks a judgment against AEG Live equal to the money Jackson would have earned over the course of his remaining lifetime if he had not died in 2009. If AEG Live is found liable, it could cost the company several billion dollars, according to estimates of Jackson's income potential. AEG Live is a subsidiary of AEG, a global entertainment company that was for sale recently with an $8 billion asking price.

The judge will hear arguments for television cameras in the Los Angeles courtroom just before jury selection starts Tuesday morning. While the Jackson lawyers are expected to support CNN's request to televise the trial, AEG lawyers say they are worried it could create a fan "frenzy" outside the courthouse.

The wrongful death trial, which could last several months, is expected to include testimony from Jackson's mother and his two oldest children, Prince and Paris.

Putnam questioned why their lawyers would call them to testify, suggesting it was "for the emotional response."

"I can't understand why bringing them to the stand has anything to do with whether or not Dr. Conrad Murray was hired by AEG or hired negligently. But perhaps they're bringing them to the stand for different reasons."

He bristled at the allegation, made by the Jackson lawyers in a court filing last month, that he was "behaving aggressively and erratically" in his questioning of Prince Jackson.

"We went out of our way to ensure we did precisely not that," Putnam said. "They may want to try to make the world believe that AEG Live is doing something inappropriate as to these children, but I'd ask the world to pause for a moment and look at what's actually happening here. They're the ones who are bringing this lawsuit and they're the ones who are saying they're going to put these children on the stand, something that I'm relatively certain their father would never, ever want to occur."

Jackson lawyers, he said, "are trying to sensationalize things that never happened" with their allegations about the way Prince was treated, he said. "I think in that scenario they're going to try to whip things up into a frenzy in the hopes that justice will not be served."

The only way AEG Live can lose the case, he said, "would be on an emotional basis outside of the facts."

Murray worked for Michael Jackson, not AEG, lawyer says

The key to AEG Live's defense is its contention that Murray was never an AEG employee but rather was chosen and paid by Michael Jackson for nearly four years until Jackson died.

While Murray has indicated he would invoke his Fifth Amendment right to avoid answering questions, Putnam pointed to the interview the doctor gave to police two days after Jackson's June 25, 2009, death. Murray told detectives it was his understanding that he was Jackson's employee, not AEG Live's, even though the concert promoter would be the party cutting his paychecks.

Conrad Murray says he won't testify in Jackson trial

"He was chosen by Michael Jackson," Putnam said. "He was brought to Los Angeles by Michael Jackson. He had been Michael Jackson's long-time physician and continued in that capacity and was directed by him and could only be fired at will by him."
AEG Live became involved with Murray only after Jackson had persuaded him to join his "tour party" for the "This Is It" concerts, Putnam said. "Then what happens is AEG starts to go back and forth with him and his attorney, Dr. Conrad Murray, with drafts of contracts."

Although Murray began treating Jackson six days a week in May, it was only the night before Jackson's death that Murray signed a contract. AEG executives and Jackson never signed it, Putnam said. The Jackson lawyers will argue the signed contract was not necessary to establish employment.

The unsigned contract and the oral understanding with Murray called for the doctor to be paid $150,000 a month while he served as Jackson's personal physician while he performed 50 shows at London's O2 Arena in the second half of 2009 and into 2010.
AEG's role was like MasterCard, lawyer says

AEG Live's role with Murray was only to "forward" money owed to him by Jackson, just as a patient would use their "MasterCard," Putnam said. "If you go to your doctor and you pay with a credit card, obviously MasterCard in that instance, depending on your credit card, is providing the money to that doctor for services until you pay it back. Now, are you telling them MasterCard in some measure in that instance, did MasterCard hire the doctor or did you? Well, clearly you did. I think the analogy works in this instance."
In fact, Putnam said, he learned during the discovery process that Michael Jackson was paying Murray during the last two months of his life. "He was paying for him during his entire time in Los Angeles and during the time we're talking about, Dr. Conrad Murray was being paid by Michael Jackson," he said. "We know this. We know this because the plaintiffs have said so."

The revelation that Jackson paid Murray during that period has not been reported. Jackson lawyers declined to comment, citing ethical limitations to their ability to talk to the media about the case.

E-mails reveal AEG's involvement, Jacksons say

A cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."
Jackson lawyers argue the e-mail is evidence that AEG Live used Murray's fear of losing his lucrative job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

The AEG Live lawyers say the Jackson lawyers have "taken it completely out of context." Gongaware and the others were only concerned with making sure Murray had all the help he needed, such as perhaps a physical therapist or a nutritionist for his patient, Putnam said.

Alleged 'smoking gun' e-mail revealed

"Not only was there no such pressure, there couldn't be in a professional relationship," Putnam said in his CNN interview. "To say that that was the case would say that a doctor in some measure was not abiding by his Hippocratic Oath. If there's a professional who's providing a service for you, others outside of that professional relationship may go to that person, as you might any doctor and say, 'Are you doing all the things necessary for Mr. Jackson?' That doesn't apply pressure or control."

Ortega, who had worked closely with Jackson on previous tours, sounded a loud warning about his health after Jackson showed up for a rehearsal shivering just over a week before his death. He wrote in an e-mail to AEG Live President Randy Phillips: "It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state. I believe we need professional guidance in this matter."

In the e-mail, which was disclosed during Ortega's testimony at Murray's criminal trial, the show director also said he was worried about "real emotional stuff" Jackson appeared to be dealing with. "Everything in me says he should be psychologically evaluated," he wrote. Ortega said Jackson had "strong signs of paranoia, anxiety and obsessive-like behavior" and suggested they hire a "top psychiatrist in to evaluate him ASAP."

AEG Live worried about the flu, not drugs, lawyer says

The Ortega e-mail was not sounding an alarm about Jackson's health but just telling Phillips that Jackson was suffering "flu-like symptoms," Putnam said.

"Mr. Jackson was not in a position to get up on the stage and do the rehearsal because he had flu-like symptoms," Putnam said. "He was cold, he was shaky and as a result he didn't perform that evening."

"People were worried about that flu," so AEG Live executives called a meeting with Jackson and Murray the next day at Jackson's home to discuss it, he said.

"So Mr. Phillips went to that meeting at Mr. Jackson's home, that would be on the 20th of June, that's five days before Mr. Jackson passed," Putnam said. "And they got there, and Mr. Jackson was emphatic about the idea that he was great. 'You guys are all worrying about nothing. Look at me. I am fine.'"

Phillips sent Ortega a glowing endorsement of Murray: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

The flu scare was one of only "a couple of occasions" that AEG Live's president had to be concerned about Jackson's health, Putnam said.

Other than "little instances like that," there "was nothing that ultimately gave rise any time before Mr. Jackson's death that there was any problem with Mr. Jackson," he said.

AEG Live would not have rushed Jackson, lawyer says

If there had been a health problem with Jackson, AEG Live would have had no problem postponing the start of the tour, he said.
"AEG Live had already moved the concerts because they weren't going to be ready in time for early July because of the number of set pieces Mr. Jackson wanted," he said. "There would be no rush for AEG Live to have to get to the stage by, I think at that point, by July 13th. If there was a problem here AEG wanted to know there was a problem because they could simply move the concerts."

The 50 shows were to be spread out over a year in the O2 Arena, which AEG owned and controlled, he said. "AEG had no interest in rushing to get to July 13th. On the contrary, if there was an issue they would have wanted to know."

What did Randy Phillips know?

An earlier e-mail leaked to the Los Angeles Times last year suggests that AEG Live's president saw Jackson's problems first-hand the day the pop star was to appear at the O2 Arena to publicly announce the shows. "MJ is locked in his room drunk and despondent," Phillips wrote in a March 5, 2009, e-mail to AEG Live's parent company, the paper reported. "I (am) trying to sober him up."
"I screamed at him so loud the walls are shaking," Phillips wrote. "He is an emotionally paralyzed mess riddled with self-loathing and doubt now that it is show time."

Despite this, Putnam insisted that Phillips was "incredibly impressed" and "saw a really engaged, interested, very smart, and savvy Michael Jackson."

Michael Jackson's assistant accuses promoter
The AEG Live chief had only "certain limited encounters" with Jackson in the months leading up to the scheduled shows, but he did get glowing reports, Putnam said. "Mr. Phillips kept hearing from various people in the tour party from rehearsals, and practices and meetings with various promoters, meetings with people who were going to do clothes, makeup, things of that nature," he said. "It was the same, that Mr. Jackson was incredibly engaged, was incredibly interested and seemed great."

AEG Live executives also had "no indication at any point that there was a problem with Conrad Murray," Putnam said. "He was licensed in four states. He had never been reprimanded. There were no indicators or warning signs of a problem. "

"Mr. Phillips had met him once, and he seemed quite happy that this was a fine, outstanding doctor in all appearances and he liked that fact," Putnam said. "And he liked that fact that he didn't appear to be a sycophant."

Trial judge thinks Jackson may have a case

Palazuelos, in her ruling rejecting an AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers had provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."

Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.

While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him."

Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live. The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.

http://www.cnn.com/2013/04/01/showbiz/jackson-death-trial/index.html?sr=sharebar_twitter
 
<hgroup class="withStandfirst" style="margin: 0px; padding: 0px; border: 0px; outline: 0px; vertical-align: baseline; overflow: hidden; zoom: 1; color: rgb(68, 68, 68); font-family: Tahoma, Arial, sans-serif; line-height: 16px;">Jackson Trial: Mum 'Seeks £25bn' From AEG


The life and death story of the King Of Pop is about to get another airing in court as promoter AEG Live faces a civil trial.

<time datetime="2013-04-02T08:34:46.227+01:00" style="margin: 0px; padding: 0px; border: 0px; outline: 0px; vertical-align: baseline; background-color: transparent;">8:34am UK, Tuesday 02 April 2013</time>​
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By Greg Milam, US Correspondent

Michael Jackson's family is taking the promoter of his ill-fated comeback tour to court, reportedly claiming tens of billions of dollars from AEG Live.
The civil proceedings in downtown Los Angeles will focus on the Jacksons' claim the company was guilty of the "negligent hiring" of Dr Conrad Murray, the physician now in prison for killing Jackson.
One of the headlines in the US promises that this will be "The Wildest Jackson Trial Yet" - as the life and death of the King Of Pop is about to get another airing in court.
Jackson's mother Katherine and children are believed to be seeking £25bn, including £5bn loss of future earnings - figures which are staggering even to seasoned US legal analysts.
As the court begins the task of selecting jurors for a trial that could last nine weeks, the media war between the two sides has stepped up a notch.
<figure class="inlinedImage inlinedLANDSCAPE" style="margin: 0px 0px 14px; padding: 0px; border: 0px; outline: 0px; vertical-align: baseline; background-color: transparent; clear: both;"><figcaption style="margin: 0px; padding: 4px 0px 0px; border: 0px; outline: 0px; font-size: 12px; vertical-align: baseline; background-color: transparent; line-height: 1.36; color: rgb(136, 136, 136); clear: both;">
</figcaption></figure>The Jackson family were already thought to be planning to call the star's 16-year-old son Prince to give evidence. The teenager is expected to testify about witnessing his father's last moments.
Now we hear that another Prince, the pop star of that name, could also be called by the Jacksons to testify about his experiences with AEG.
Already many of the emails the Jacksons will rely on in court - electronic conversations between senior figures at AEG - have been leaked to the media.
It is understood AEG will argue they were not responsible for Murray or what happened to Jackson.
As part of their evidence, the judge has ruled they can bring up details of Jackson's child molestation trial.
<figure class="inlinedImage inlinedLANDSCAPE" style="margin: 0px 0px 14px; padding: 0px; border: 0px; outline: 0px; vertical-align: baseline; background-color: transparent; clear: both;"><figcaption style="margin: 0px; padding: 4px 0px 0px; border: 0px; outline: 0px; font-size: 12px; vertical-align: baseline; background-color: transparent; line-height: 1.36; color: rgb(136, 136, 136); clear: both;">
</figcaption></figure>It has been reported they will also seek to show that the star had drug issues well before he met Murray.
Murray himself is said to have refused to give evidence in the case while his own appeal against conviction is ongoing.
One of the most significant moments will come before the trial even starts: the judge Yvette Palazuelous will rule on an application for live television cameras to be in court.
She has refused so far but those challenging that ruling say the very principle of justice for the millions who will not have a seat in court means them being able to watch it on TV.
They point to the massive global television interest in the trial of Murray and the importance of the public seeing justice at work.
It is an argument that holds a lot of sway in the US and especially in California, with decades of precedent for televising court proceedings.
Her ruling is eagerly awaited by the media and by Jackson's millions of fans around the world, many of whom have lingering questions about his death.

http://news.sky.com/story/1072627/jackson-trial-mum-seeks-25bn-from-aeg


 
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Michael Jackson's children sue concert promoter for £26 billion over singer&#8217;s death


2 April 2013


A bitter war of words erupted between concert promoter AEG and Michael Jackson&#8217;s family today ahead of a $40billion (£26billion) trial over who is to blame for the pop star&#8217;s death.

The late singer&#8217;s children Prince, 16, Paris, 14, and Blanket, 10, and mother Katherine, 82, are seeking record damages in a wrongful death lawsuit claiming AEG was guilty of negligence which contributed to Jackson&#8217;s death.
Jurors were due to be sworn in today in Los Angeles for a case set to reveal new details of Jackson&#8217;s final days, with Prince and Paris both due to testify.
The Jacksons are seeking £6.6&#8201;billion for lost future earnings and £19.8&#8201; billion in damages, claiming the organisers of his abortive comeback tour failed to carry out proper checks in hiring or supervising Dr Conrad Murray.
Jackson&#8217;s personal doctor is serving four years after he was found guilty of involuntary manslaughter in 2011. Murray administered the sedatives which caused the singer&#8217;s death.
The singer died aged 50 in June 2009, shortly before he was due to begin the This Is It tour, a sold-out series of 50 concerts at the O2 Arena.

Lawyers for AEG are set to argue that Jackson was responsible for his own death because of his addiction to prescription drugs and his penchant for &#8220;doctor shopping&#8221; to find medics who would prescribe what he wanted. They will seek to prove Murray was hired by Jackson himself.

The civil trial, expected to last two to three months, was due to start with an application for the proceedings to be televised.
AEG&#8217;s lawyers have argued it could create a fan &#8220;frenzy&#8221; outside the courthouse.

Marvin Putnam has already criticised the decision to call Prince and Paris to testify saying it was being done for the &#8220;emotional response&#8221;.

He said: &#8220;They may want to try to make the world believe AEG Live is doing something inappropriate as to these children, but I&#8217;d ask the world to pause for a moment and look at what&#8217;s actually happening here. They&#8217;re the ones bringing this lawsuit and they&#8217;re the ones who are saying they&#8217;re going to put these children on the stand, something that I&#8217;m relatively certain their father would never, ever want.&#8221;

Allegations of child abuse against the singer are due to be raised as part of the promoter&#8217;s case that Jackson was mentally unstable.

In a documentary to be screened on CNN on Friday, Mr Putnam says: &#8220;I don&#8217;t know how you can&#8217;t look to Mr Jackson&#8217;s responsibility there. &#8221;

He said the 2005 child molestation trial, in which Jackson was acquitted, &#8220;resulted in an incredible increase in his drug intake&#8221;.

Jackson lawyer Kevin Boyle said: &#8220;The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging. We look forward to the trial where the rest of the story will come to light.&#8221;

http://www.standard.co.uk/showbiz/ce...h-8556943.html
 
April 2nd, 2013
11:04 PM ET

Thomas Mesereau on upcoming trial between Jacksons and concert promoter: "I think it's an uphill battle for AEG"

On a day which saw the beginning of jury selection in a trial that will pit the family of Michael Jackson against concert promoter AEG Live, this evening "Piers Morgan Live" invited Thomas Mesereau to share his unique insight in a live, face to face interview.

The criminal defense lawyer who acquitted the late pop star in his m*********n trial, Mesereau spoke of specific documents that he suspects will make it difficult for AEG to counter claims of wrongful death:

"Apparently there are emails from his [Jackson's] choreographer, Ken Ortega, warning AEG that he's not well, he has serious physical problems, serious psychological and emotional problems, he's asking for professional help, and I'm informed that there are some emails from AEG basically telling [Dr. Conrad] Murray you better get him to rehearsals," stated Mesereau.

"I think the issue is well founded by the siblings and I think it's going to be a big issue for the plaintiffs. And I think AEG is going to have a tough time explaining it."

Asked by the host if Jackson should bear some of the responsibility himself, based on a history of cancellations and high-maintenance behavior, and the guests noted that AEG knew exactly what to expect when they joined forces with the "King of Pop":

"If they thought he was that flaky and they thought he was that disturbed, why did they enter into a contract with him to do all these concerts?" he asked Piers Morgan. "They invested over 30 million dollars before the concerts even began. If they thought he was that bad and they thought his reputation was suffering from all these other issues, why in the world did they go into business with him? I think it's an uphill battle for AEG."

Watch the clip, and listen to the interview, as Morgan and Mesereau preview a case which is predicted to lock-up Los Angeles for several months.

PiersMorgan
 
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Michael Jackson's life to be laid bare once more in $40bn court battle
Private and public dramas back in the spotlight as King of Pop's mother brings wrongful death suit against concert promoter AEG


Rory Carroll
guardian.co.uk, Wednesday 3 April 2013 14.16 BST

Katherine Jackson's lawsuit claims AEG pressured Michael to breaking point while he prepared for his comeback tour in 2009.

The trial has yet to start but already the fans, the satellite trucks and the cameras have staked out the courthouse in downtown Los Angeles for what promises to be Michael Jackson's last and most melancholy show.

Jackson died four years ago but rival legal teams are preparing to pitch competing versions of his demise in a $40bn lawsuit which will put Jackson's private and public dramas back in the spotlight.

A bizarre jailhouse serenade on CNN on Tuesday night by Conrad Murray, the doctor convicted in Jackson's death, augured a potentially macabre circus to come. The disgraced doctor sang Nat King Cole's The Little Boy That Santa Claus Forgot in an interview with Anderson Cooper to stress his love for Jackson.

Details of Jackson's drug-taking, mental state and lowest moments, including the child molestation charges, are due to be scrutinised anew in a wrongful death lawsuit brought by *****n's mother, Katherine, against the concert promoter AEG Live.

She claims the company was negligent in hiring Murray to care for her son, and pressured Jackson to breaking point while he prepared for a planned series of 50 This Is It comeback shows starting in July 2009 in in London. The $40bn figure is for forfeited earnings and other damages.


AEG Live claims Jackson hired Murray, pictured, and that the company could not have anticipated the doctor would prescribe a lethal dose of the surgical anaesthetic propofol for Jackson's insomnia. He died at his home in Los Angeles two weeks before the first scheduled concert.

Jury selection began on Tuesday in advance of a trial expected to last months and to include testimony from Murray as well as Jackson's mother and children, Prince, 16, and Paris, who turns 15 on Wednesday.

If superior court judge Yvette Palazuelos grants CNN and NBC's request to broadcast live from the courtroom, viewers will have a ringside seat to a tale of greed and duplicity. The question facing jurors &#8211; prospective jurors were quizzed about their attitudes to the performer's life and music &#8211; will be to decide whose greed and duplicity.

That of the Jackson family in trying to squeeze the equivalent of Kenya's GDP from the concert promoter? Or that of AEG Live in denying culpability in the 50-year-old singer's death?

"I don't know how you can't look to Mr Jackson's responsibility there," AEG's lawyer, Marvin Putnam, told CNN in a pre-emptive media blitz. The singer had selected Murray himself and was known for eccentric behaviour, he said.

"We're talking about Michael Jackson. This is a man who would show up in pyjamas. This is a man who would stop traffic and get out and dance on top of his car. This is a man who would go to public events with a monkey named Bubbles. This is a man who said he slept in an oxygen chamber."

AEG Live's lawyers have signalled they will revisit charges that Jackson molested a 13-year-old boy at his Neverland ranch because it was relevant to his history of drug abuse and psychiatric problems. Jackson was cleared but the case shredded his reputation.

The AEG team has opposed the request to televise the trial and, have voiced concern that Jackson's children will testify solely to whip up emotions. Jackson family lawyers, who favour the broadcasts, have signalled they will cast the concert promoter as an avaricious corporate bully.

A key part of their case is an email the promoter's co-CEO, Paul Gongaware, wrote to show director Kenny Ortega 11 days before Jackson's death amid doubts over his ability to perform. "We want to remind [Murray] that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

Ortega, in an email to AEG Live's president, Randy Phillips, worried about the star shivering during rehearsals. "It is like there are two people there. One (deep inside) trying to hold on to what he was, and still can be, and not wanting us to quit him; the other in this weakened and troubled state. I believe we need professional guidance in this matter."

Ortega said Jackson had "strong signs of paranoia, anxiety and obsessive-like behavior" and recommended urgent psychiatric help.

Murray, who was accused of indulging Jackson's demand for drugs while earning $150,000 month as his personal physician, will be the most eagerly awaited witness.

He pleaded the fifth amendment during his own trial in 2011 and was sentenced to four years for involuntary manslaughter. In his phone call to CNN he conveyed his version.

"My entire approach may not have been an orthodox approach, but my intentions were good." He said other doctors routinely had prescribed Jackson propofol and it was his bad luck to be on duty when it went wrong.

"I did not agree with Michael, but Michael felt that it was not an issue because he had been exposed to it for years and he knew exactly how things worked &#8230; Michael Jackson was not the kind of person you can just say 'Put it down' and he's going to do that."

He said he would testify for the Jackson family even though the late singer would not have approved of the trial. "Michael would be absolutely upset, he would be so unhappy with what is happening. Michael said to me 'I no longer want to be a bank for my family.' All we see is the continuation of that."

Murray then sang the Cole Porter song to underline, he said, his humble roots and empathy with Jackson.

http://www.guardian.co.uk/music/2013/apr/03/michael-jackson-wrongful-death-lawsuit
 
<header class="entry-header" style="background-color: rgb(250, 250, 250); box-sizing: border-box; position: relative; color: rgb(116, 116, 116); font-family: Arial, Helvetica, sans-serif; line-height: 19px;">Jackson&#8217;s Attorney Continues To Defend Michael &#8211; Testifying At Wrongful Death Trial, Believes Lawsuit &#8216;Absolutely Has Merit&#8217;

Posted on Apr 3, 2013 @ 10:45AM | By jenheger
WENN/Splash News​

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Michael Jackson&#8216;s criminal defense attorney, Tom Mesereau, is continuing to fight on behalf of his late client &#8212; and as part of his ongoing defense, he will be testifying in support of Katherine Jackson during the upcoming trial for her wrongful death lawsuit against concert promoters AEG Live, RadarOnline.com is exclusively reporting.
&#8220;I&#8217;m on the plaintiff&#8217;s witness list because AEG Live plans on bringing up the 2005 molestation trial in which Michael Jackson was completely exonerated. I will be explaining to the jury that Michael was found not guilty on 10 felony counts involving allegations of child molestation and abuse,&#8221; Mesereau tells Radar. &#8220;Michael had a very strong reputation after the criminal trial and everywhere I went and spoke, people were always coming up to me offering their support &#8211; everyone was extremely positive.&#8221;

As previously reported, jury selection for the $40 billion lawsuit began Monday in Los Angeles. Katherine Jackson contends that AEG Live were negligent by hiring Conrad Murray, to be her son&#8217;s personal physician for his upcoming tour.
Jackson died just two weeks before the This is It tour was set to have kicked off at London&#8217;s O2 arena in the summer of 2009 &#8211; it was to be the Thriller singer&#8217;s much anticipated comeback.

In November 2011 Murray was convicted of the involuntary manslaughter of Jackson, and was sentenced to four years in county jail.
AEG Live asserts that Murray had been Jackson&#8217;s personal doctor before they hired him &#8211; and that the employment contract was never actually signed off on.

When asked what Michael would have thought about his mother and children, Prince and Paris testifying at the trial, Mesereau said his late client would not have wanted them thrust into the media glare, but that he would have understood the need to seek justice.
&#8220;Of course Michael wouldn&#8217;t want them to be in the media spotlight,&#8221; he says. &#8220;However, Michael loved his mother and I think he would have understood her need to go through with this. I&#8217;m sorry that the children and Katherine have to go through this ordeal, but it&#8217;s very important to them and I fully support them. This lawsuit absolutely has merit.&#8221;

http://radaronline.com/exclusives/20...Q6Qf8E.twitter
 
Judge: No cameras in Michael Jackson death trial

By Alan Duke, CNN
updated 9:40 PM EDT, Fri April 5, 2013


130401195313-michael-jackson-t1-story-top.jpg


If AEG is found liable, it could mean billions for the Jacksons, based on the potential earnings of Michael Jackson had he lived

Los Angeles (CNN) -- The wrongful death trial of concert promoter AEG Live filed by Michael Jackson's mother and three children will not be televised, a judge decided Friday.

CNN had requested its camera be allowed in the courtroom during the trial, but Los Angeles County Superior Court Judge Yvette Palazuelos issued a ruling Friday denying the request.

California law leaves the decision to the trial judge's discretion based on 19 factors to be considered. Palazuelos did not say in her ruling what factors swayed her decision.

AEG Live's lawyer argued televising the trial could create a frenzy among Jackson fans at the courthouse that could pose a threat to witnesses.

Jackson lawyers argued in favor of having a camera in court, saying it would be the best way for the world to see justice done.

Without cameras, only a handful of journalists will have seats in the small courtroom in downtown Los Angeles.

The Jacksons' lawsuit accuses AEG Live of liability in Jackson's death through the negligent hiring of Dr. Conrad Murray, the physician who is serving a prison sentence after being convicted of involuntary manslaughter.

AEG Live contends Murray was never its employee, but was chosen and hired by Jackson.

If AEG Live is found liable by a jury, it could mean a multibillion dollar judgment for the Jacksons, based on the potential earnings of Michael Jackson had he lived past his 50th birthday.

Opening statements and the first witness could be heard in about two weeks in the trial that is expected to last for two to three months.

The pool of potential jurors reached 60 Friday afternoon after four days of eliminating jurors for hardship reasons. The process will continue Monday and Tuesday or until about 100 potential jurors are identified. On Wednesday, the lawyers will start the voir dire process of eliminating jurors based on cause or their jury strikes allowed under court rules.

Until then, the lawyers are studying their answers to a long questionnaire the potential jurors completed. The process is expected to continue for another week, perhaps ending around April 16 or 17.

It is unclear how soon after a jury is seated that the judge will have lawyers deliver opening statements and call the first witness. Some judges allow the jury a day or so to take care of personal business after being selected.

CNN
 
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Jackson lawsuit against AEG expected to take over 4 months
The family blames the entertainment entity for the pop singer's death. Jury selection could take several weeks.

By Jeff Gottlieb, Los Angeles Times
April 8, 2013

The lawsuit filed by Michael Jackson's mother and children blaming entertainment giant AEG for the singer's death is expected to take more than four months to try, the judge said last week.

The length of the trial was the court's first concern as jury selection began April 2 in a downtown courtroom where Jackson's towering legacy will be pitted against a business enterprise that has had a profound influence on the entertainment scene in Los Angeles.

Thirty-five potential jurors were brought into Superior Court Judge Yvette M. Palazuelos' courtroom and given a questionnaire to see who could take that much time from their personal and work lives. A second panel of 35 was scheduled to be given the same questionnaire.

Groups of jurors will continue to be brought in each day until a pool of 80 to 100 people has been chosen. From that group, attorneys will select 12 jurors and five alternates who will decide the case.

Attorneys estimate that jury selection alone could take two to three weeks.

More than 60 news organizations from countries including Japan, France, Germany and Australia have asked for seats to cover the trial, according to Pat Kelly, a court spokeswoman. There is space for roughly 10 reporters in the courtroom.

Last week, Palazuelos heard a motion from CNN asking that the cable network be allowed to broadcast the trial live. The judge has not ruled on the motion.

The suit filed by Katherine Jackson, Michael Joseph Jackson Jr., Paris-Michael Katherine Jackson and Prince Michael Jackson II, alleges that AEG negligently hired and supervised Dr. Conrad Murray, who &#8212; in an attempt to help the singer sleep &#8212; gave him a fatal dose of the anesthetic propofol. They say that AEG pushed Jackson to prepare for a tour that he was not physically up to.

AEG says that it was Jackson's decision to hire Murray and that the company recommended a British doctor.

Jackson died in 2009, two weeks before his "This Is It" tour was scheduled to begin in London.

Murray was convicted of involuntary manslaughter in 2011.

jeff.gottlieb@latimes.com

http://www.latimes.com/news/local/la-me-jackson-aeg-20130408,0,139025.story
 
Michael Jackson's financial, medical records to be revealed?

By Jeff Gottlieb
April 19, 2013, 4:03 p.m.
A Superior Court judge is poised to decide whether some records of Michael Jackson&#8217;s finances and medical history should be kept out of public view during a trial over the singer&#8217;s 2009 death.

Jury selection in the wrongful death case began April 2 and is likely to last at least another week, according to attorneys. But the fate of the confidential documents is expected to surface early next week.

The wrongful death suit, filed by Jackson&#8217;s mother and three children, accused entertainment powerhouse Anschutz Entertainment Group of hiring and controlling the Las Vegas physician who gave Jackson a fatal dose of the anesthetic propofol in the days before he was set to begin a series of comeback shows in London.

AEG contends that it was Jackson who brought Dr. Conrad Murray aboard, while the firm had planned to retain an English doctor.

Jackson&#8217;s estate, which is not a party to the wrongful death suit, is requesting that certain portions of the confidential records be shown only to the judge, witnesses, attorneys and the jury. If granted, the motion would keep some of the documents from being made public.

Attorneys for the estate also intend to look at the witness lists and depositions from experts to try to show which materials it wants to remain closely held.

Meanwhile, jury selection continued Friday and Kevin Boyle, one of the Jacksons&#8217; attorneys, estimated that opening arguments would begin about April 29. The trial is expected to last four months.

Attorneys can remove as many potential jurors as they want if they can convince the judge they are biased. In addition, each side is allowed eight peremptory challenges, meaning they can remove a juror for almost any reason. Each side is allowed another five peremptory challenges for alternates. Twelve jurors and five alternates will be selected.

Another hearing next week will be held on AEG&#8217;s challenge to some of the Jacksons' expert witnesses, Boyle said.

http://www.latimes.com/local/lanow/la-me-ln-michael-jacksons-20130419,0,5545303.story
 
Michael Jackson wrongful death trial set to get underway Monday

2013-04-24T042551Z_5_CBRE93L1UID00_RTROPTP_2_PEOPLE-MICHAELJACKSON.JPG


LOS ANGELES (Reuters) - The civil trial over the death of Michael Jackson is set to get formally underway next week after jury selection was completed on Tuesday in the $40 billion case that pits the pop star's mother against concert promoters AEG Live.

Six alternate jurors were chosen on Tuesday following the selection a day earlier of a jury of six men and six women for what is expected to be an emotional three-month trial.

The conclusion of the month-long search for a jury set the stage for opening statements to begin inLos Angeles Superior Court on Monday.

Jackson's 82-year-old mother, Katherine, is suing AEG Live, the promoters of his never-realized series of 2009 London comeback concerts, for the wrongful death of her son.

The lawsuit alleges AEG Live was negligent in hiring Dr. Conrad Murray to care for the singer while he rehearsed for a series of 50 shows.

AEG Live contends that it did not hire or supervise Murray and that Jackson was addicted to prescription drugs for years before he agreed to do the "This Is It" London concerts.

The concert promoters also argue that they could not have foreseen that Murray, who was convicted in 2011 of involuntary manslaughter in Jackson's death, posed a danger to the singer.

Jackson, 50, died in Los Angeles on June 25, 2009, from a lethal dose of the surgical anesthetic propofol that Murray was administering for sleep problems. Murray, who is not being sued, formally appealed against his criminal conviction on Monday.

Potential witnesses in the civil trial include Jackson's mother, his two oldest children, Prince, 16, and Paris, 15, as well as Murray, singers Prince and Diana Ross, and Jackson's ex-wives, Lisa Marie Presley and Debbie Rowe.

Katherine Jackson and her son's three children are seeking some $40 billion in damages from privately held AEG Live for loss of the singer's earnings and other damages. The final amount will be determined by the jury should it hold AEG Live negligent.



(Reporting by Jill Serjeant; Editing by Eric Beech)

http://news.yahoo.com/michael-jackson-wrongful-death-trial-set-underway-monday-011959836.html
 
Michael Jackson-AEG attorneys get a time limit for statements


Michael Jackson, who was scheduled to appear in a series of comeback shows in 2009, died shortly before it could begin. (Kevin Mazur / Sony Pictures)
By Corina Knoll
April 26, 2013, 6:15 a.m.
No matter the stakes or the celebrity, attorneys in the Michael Jackson wrongful-death case will each be held to a 2 1/2-hour opening statement when trial opens Monday in a downtown Los Angeles courtroom.

Superior Court Judge Yvette Palazuelos said she hoped the time limit would keep the statements from spilling over into the next day, when witnesses could be called to the stand.

Palazuelos also plans to rule on multiple outstanding motions, including whether to unseal the music legend&#8217;s medical records and preclude certain testimony from expert witnesses.

Filed by Jackson&#8217;s mother and three children, the wrongful-death suit accuses AEG&#8217;s concert promotions arm of hiring and controlling Dr. Conrad Murray, who administered the fatal dose of propofol to the pop singer shortly before he was scheduled to appear in a series of comeback shows in 2009.

&#8220;AEG had legal duties to Michael Jackson to treat him safely and to not put him in harm&#8217;s way. But AEG, despite its knowledge of Michael Jackson&#8217;s physical condition, breached those duties by putting its desire for massive profits from the tour over the health and safety of Michael Jackson,&#8221; the complaint alleges.

Brian Panish, attorney for the Jackson family, said he did not know who would be called first from a list of witnesses that is lengthy and celebrity studded. In addition to Jackson&#8217;s family members and his ex-wives, Debbie Rowe and Lisa Marie Presley, plaintiffs&#8217; attorneys have indicated they could call music industry heavyweights Quincy Jones, Diana Ross and Prince.

The jury, which includes six alternates, was impaneled earlier this week after selection began April 2. The jurors were drawn from a pool of about 100 people who first had to demonstrate that sitting on a trial slated for four months would not present a hardship.

Attorneys expect to focus on Jackson&#8217;s medical condition, which is why both sides have requested that the singer&#8217;s medical files be unsealed. Jackson&#8217;s estate, although not a party in the suit, has requested that certain portions of those files be kept private.

Among the experts that the defense took issue with is certified public accountant Arthur Erk, who projected in his deposition that Jackson could have earned $269 million on a series of Las Vegas shows featuring his music, as well as $50 million in a clothing deal.

Sabrina Strong, an attorney for AEG, said that was unrealistic for a performer who had many failed projects.

&#8220;That&#8217;s a hope, a dream, that&#8217;s not a basis for damages,&#8221; she said.

In hearings leading up to the trial, tension has been high in the courtroom, with attorneys trading barbs and pointed comments.

Panish has accused the defense of turning every motion into &#8220;World War III,&#8221; and AEG&#8217;s attorneys have sounded off about what they called the plaintiffs&#8217; lack of professionalism.

On Thursday, attorneys quibbled over the audio-visual equipment to be used during the trial. Despite plaintiffs&#8217; protests, Palazuelos ruled that the courtroom would use monitors provided by the defense. Panish insisted his firm had no reason to shoulder any of the equipment cost, estimated to be about $6,000 a month.

&#8220;AEG can afford it,&#8221; he said.

&#8220;Your honor, we have to stop those type of references,&#8221; said Marvin Putnam, a partner with O&#8217;Melveny & Myers.

Panish countered, &#8220;I&#8217;m not AEG, I&#8217;m not worth billions of dollars.&#8221;

http://www.latimes.com/local/lanow/la-me-ln-jackson-aeg-20130425,0,3619414.story
 
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