Tygger;3864758 said:
Just a comment: the Zimmerman criminal trial is funded by the State (read taxpayers) so there is an interest in concluding that and other criminal trials swiftly although more complicated criminal trials run much longer. The Zimmerman trial does not compare truly to this civil trial.
you are correct that criminal trials are a lot more narrow focused while civil trials are more relaxed and therefore take longer. but honestly don't you think there are a lot of side topics that doesn't necessarily address the main issue but mentioned just to create an emotional reaction from the jury?
However, I think it is healthy for fans to have outlets like this thread to express their thoughts and exchange ideas.
I agree
I cannot truly speak for other artists’ fans but, the negative backlash directed to Michael’s family particularly after his passing is interesting to me and it does factor into some views on this trial.
I think that backlash happened based on actions of Jacksons. For example Vaccaro who Michael sued twice, who helped Sneddon and who tried to sell MJ's underwear in 2008 for $1 Million gets Mann as his advisor / front and they sign a deal with Katherine where Michael's kids are signed for life to them and in which she only gets 33% of the profit where Mann / Vaccaro gets 66%. So for example do you see a reaction to this example as a valid one or is it backlash that you find interesting?
Bubs, many of Bouee’s posts discussed Phillips/Gongaware not remembering if the doctor was there to treat Michael’s sleep issues at length. Would you suggest that not only I fabricated this testimony but, Bouee as well?
I felt it was Bouee's assumption that they knew or should have known sleep issues. I certainly don't remember any testimony that said "
treat MJ's sleep issues".
The issue here is not the money; the issue is who the money may go to.
Issue might be money too. As I said some people don't see money judgments as justice. and this is not related to us or MJ fans. Check back the jury questionnaire and you would see it's a question there.
The Lloyd’s trial is not a wrongful death trial; it is a dry contract trial limited to premiums paid. It does not surprise me that fans are not as interested in a contract trial and are more focused on the wrongful death trial.
Lloyds lawsuit still cover the same events surrounding Michael's death - hence the 6 day depositions of Karen Faye and such. If the goal was seeking the "truth" about what happened then I don't see why that would not be of interest to fans.
Tygger;3864869 said:
Thanks for the correction Ivy. Sometimes, the words damages and restitution are used interchangeably like addiction and dependency but, yes, it should be damages.
Yes, AEG could file a wrongful death suit. That lawsuit would not demand a claim of employment between AEG and the doctor because that would mean they could not file until this case was resolved. They only had to claim the doctor was responsible for the death of their star that they had a contract with and the criminal trial had already proven the doctor was responsible.
actually no. AEG could not file a wrongful death lawsuit either.
California law states : The victim’s surviving spouse, children, issue of deceased children, registered domestic partner, dependent putative spouse, dependent stepchildren, dependent minors living in the victim’s household for at least six months, and dependent parents. If there are no heirs as described above, then claimants include those who would be entitled to inherit the victim’s estate under the law of intestate succession: Parents, whether or not they were dependent; if there are none, then siblings or children of deceased siblings; if there are none, then grandparents; if there are none, then children of a deceased spouse. If none of these relatives exist, the next of kin may file a wrongful death suit.
So as I said the possibility is an employer suing employee for negligence (an employer can sue an employee for gross misconduct and not for simple negligence) or sue for breach of contract or a lawsuit that is referred as "A Suit to Recover Damages Payable to a Third Party".
The first 2 requires an employer - employee relationship which as I pointed out AEG denies. Plus it also requires actual money damages - sure they can ask for lost TII income but if they recovered it and if they profited from it as you claim then there would be no actual financial damages to seek. so it's unrealistic to expect such lawsuit from AEG against Murray. That leaves the third option.
The idea of such lawsuit is that the party that is harmed / death sues the employer, employer is found vicariously liable for the actions of the employee and then sues the employee to recover the money they paid to the harmed party.
Such as : Worker John (who has a history of violence) beats customer David. David sues Company ABC for his medical bills + emotional damage. Company ABC is found liable because they did not do a proper background check and ordered to pay $200,000. Company ABC then sues Worker John to recover the $200,000 they had to pay to customer David.
They would be in the exact SAME position as the Jacksons (Michael’s parents and children only) if the Jacksons sought restitution. AEG would NOT receive the full sum of the damage/restitution amount and they would NOT be able to legally stop the doctor from doing interviews and the like.
sorry but I don't get comparing AEG to Jacksons. First of all why would AEG - a corporation that started a business deal with Michael that did not happen - care about positive or negative stories about Michael? And restitution is never about being able to collect.
I'll give the example of Goldmans. They got awarded $30 Million in damages which they weren't able to collect. OJ Simpson wrote & released a book named "If I did it" about the murders. Goldmans using the monetary judgment got the rights to the book (including movie rights) and the interview money that was paid to OJ. They renamed the book to "I did it" and added their comments about how OJ murdered their kids.
So as you can see seeking restitution is not about collecting the full money or stop books etc before it happens. But it gives the families a whole a lot of control over what the guilty party might do. Goldmans were able to take control of OJ's version. Not only OJ could not make a dime from his book and/or any possible movie deals and such, Goldmans were able to control his BS and add their version.
so I don't get this "Jacksons would not be able to recover the full amount" or "it wouldn't stop it from happening" arguments. It's not an issue of collecting money but an issue of control?
For example what are you going to do if Murray releases a book that trashed not only Michael but Jacksons too? Don't you realize a restitution would give the power to Jacksons that would allow them to say "uh no" and get the control of the book and pull it from the shelves? That they could get any money - even if it's minimal- and send the message that "no murray you won't even make a cent over Michael". It doesn't need to be perfect. It was still something. Now what do we have to stop Murray from profiting Michael? Nothing.