Passy001, Ivy, I cannot understand an Estate that would partner with a company to share profits and later on sue the same company for being blameworthy in the death of the man it represents. I would imagine that would ruin any future sales of TII fairly early on in the DVD release.
the deal for TII movie / DVD was done pretty quickly after Michael's death and it was released within 4 months - October 2009. Katherine filed this lawsuit by September 2010 - almost one more year later than the DVD release. BTW wnen sony bought the movie rights, the business deal had became Estate & Sony.
There was nothing stopping the Estate. The Movie / DVD deal was already over and the main profits were already achieved. Estate could have entered into a deal with AEG in 2009 but later realize their culpability and sued them in 2010.
They did not and their statement say that they don't think AEG is culpable. It's also important to remember that Branca was hired mid June and the email list shows that he was included in the latest emails - surrounding the June 20 meeting. He could have known that AEG had no idea about Propofol.
Well, there is an opinion that MJ-AEG contract was very unfavorable to Michael and basically put him in a deadlock leaving him no choice but to force himself into an impossible schedule. There is even an opinion that the contract was not properly signed and thus was legally void. I nether agree nor disagree with it because I didn't have time to go over every line of small print and decipher the legal language. But some Jackson family supporters such as Leonard Rowe were very vocal about it. So I'm surprised that Katherine's lawyers didn't bring that up in their lawsuit. Or the estate (if there is any merit to those claims).
Why people are so keen to accuse AEG for doing this and that to MJ when it was Tohme who negotiated the contract on MJ's behalf and agreed to those terms. Tohme should have been on MJ's side a look in his best interest while contact was drawn, but we now know that he put his own interest before MJ. Why Katherine isn't suing Tohme, MJ's manager at time, the reason that contract and terms MJ was put under?
What I find curious that Jermaine brought Tohme to fold, and even more curious that Tohme is not even listed on Katherine's witness list, why?
Secondly, of course AEG was happy with the terms, MJ was delivered in gold platter and if something was to happen they weren't going to lose. If you are in any sort of business, you would too try to negotiate best possible terms to you.
The wrongful death of Michael and whether the contract with AEG was good or bad is apples and oranges. Those are two different lawsuits.
Furthermore I don't think "contract wasn't properly signed and was void" would help Katherine when they want to keep AEG responsible for Michael. I don't see how they could be responsible for anything if you argue that there's no valid contract between them?
And yes I too believe that contract part is on Tohme. There's no law that says that a business needs to offer equal or good deals, they can offer one sided deals that looks after their own interests. It's the duty of Michael's side to make sure that the deal he's signing is favorable. AEG claimed Michaael had a lot of representatives. Any fault is mainly on them.
Also don't forget that Estate is suing Tohme. As far as the AEG contract goes it might be too late as Michael's death voided the contract and they did a new contract for the TII movie but they are challenging the Neverland deal Tohme was involved with.
Ivy, what is that impeachment thingy?
question the credibility of a witness. To demonstrate that a witness has not told the truth, has been inconsistent, show bias and question their knowledge.
consistency / credibility / truthfulness is achieved by mentioning their older statements (in this case : interviews with media, tweets and deposition) and show the inconsistencies
demonstration of wrong statements can question the knowledge of a party
and bias is generally when a party testifies in a certain way for someone (generally a blood relative, such as a mother giving an alibi for her son) and testify in a certain way for their financial stake at the end of the case (such as testifying in a certain manner to get a win and get money)
^^^^ I was thinking just yesterday how if AEG are found guilty how it's going to change the face of touring and contracts.
no promoter will want to work with known past addicts, or people that likes to drink. And if you know the entertainment industry it's almost impossible thing to do.