Open General discussion - Katherine Jackson vs AEG

[#MJforever57]

Will we hear what Rebbie said she was sick did i miss that?

 

[Soundmind]

I have a feeling he blamed Grace and Bain for his unsuccessful attempt in 2005 to steal the catalouge . He probably tried to block MJ from the outside world to get his signature .But these two were his channel with his old powerful friends .

 

[Petrarose]

Randy must be getting a lot of tweets today.

Why would he get mad about the patch if he did not know what it was or what it was for. This is my problem with Randy: he knows everything but not really. He knows Michel was on something, but he does not know what. He does not remember the doctor. He goes and stays in Michel's house but does not remember seeing the children. He knows Michael is an addict, but later he can't say an addict because he is not qualified.

Then, he becomes Rambo: he goes in the house, throws out drugs, picks up Michael and puts him to bed, fires a woman who comes back like a boomerang, rushes around the world doing interventions with family members that he can't remember, when he leaves the home the drugs stop!

Isn't there anyone we could ask to verify this. We know the bodyguard already said about Randy crashing the gate and about the helicopter, so 2 times he tried to get in and was unable to do so. Notice he did not say he crashed the gate but opened the gate.

 

[Big Apple2]

I don't know where Grace is exactly, but I wonder how she feels now that Randy Jackson has basically called her a DRUG MULE, feeding Michael drugs, some of those drugs being prescribed in her very own name.

HOT MESS!

Oh and according to Randy, Michael didn't drink alcohol and didn't have a problem sleeping (according to his deposition testimony). He obviously didn't know his brother very well, but AEG should have known his brother very well.

 

[Justthefacts]

Randy is mentally ill.

 

[Soundmind]

Randy is mentally ill.

I believe a criminal is a much more appropriate word . Janet is even worse, unlike Rebbie and Randy who both are broke failures , what is her excuse for supporting such claims ? They do seem to resent MJ , you really need to hate Michael to treat his kids the way they treated them .

 

[#MJforever57]

That is why i don't believe Randy it just does not add up imo. Randy and Michael just was not close anymore.

 

[Justthefacts]

And who is this doctor that is given Bain and Grace all of these drugs for Michael?

 

[Justthefacts]

I believe a criminal is a much more appropriate word . Janet is even worse, unlike Rebbie and Randy who both are broke failures , what is her excuse for supporting such claims ? They do seem to resent MJ , you really need to hate Michael to treat his kids the way they treated them .

Perhaps Janet knew she would never be as good as Michael

 

[#MJforever57]

The Jackson are like a soap opera.

 

[Soundmind]

If they want to win this case they need too. We all know that the Jacksons are greedy bunch they are also a family divided do I don't even see that has a problem

No one at least no sane person doubts their greed . still no one can deny how uneducated and stupid they are , they are a bunch of semi-illiterate people , we should not really expect from them a calculated reaction .

 

[AliCat]

Randy Jackson sounds bound and determined to clear his good name, after what he pulled on Michael Jackson during the 2005 trial.

Randy Jackson, for a time, during the 2005 trial, was Michael Jackson's business manager. This was not good, which is why Michael Jackson fired his brother, Randy Jackson, as his business manager. But before Randy Jackson was fired, he took advantage of his position, as Michael Jackson's business manager, at Neverland Ranch, and tried to swindle money from his brother, Michael Jackson, by getting the Beatles Catalog. The reason for this happening in the first place was because of Michael Jackson's already deep debt.

Randy Jackson and his business partner took advantage of Michael Jackson, during a time when Michael Jackson was feeling most vulnerable, his 2005 trial.

Randy Jackson, who had introduced Tom Mesereau to Michael Jackson, was now Michael Jackson's business manager. Michael Jackson now owed Randy Jackson a favor because of what a competent Attorney Tom Mesereau was during the 2005 trail.

For that, Michael Jackson, hired Randy Jackson to be his business manager.

But this was short-lived because of Randy Jackson and his business partner tried to pressure Michael Jackson into signing over his ownership of the Beatles catalog. Because Randy Jackson did not get his way, using racism, anger, whatever it took, during a most vulnerable time period for Michael Jackson to sign over his investment, his biggest asset, the Beatles catalog.

Now, Randy Jackson is rewriting history. Randy Jackson now wants us to believe his version of events, his timeline, which alludes to nothing but abuse on Michael Jackson's part, of prescription medication.

Randy Jackson has the nerve to think he has a good name to clear and the way to do this is to besmirch his brother, Michael Jackson. Because damned all, Randy Jackson will become rich by whatever swindling way he can and get at his brother's money, any which way he can, because Randy Jackson didn't get any money the first time he took his brother to court in 2007. Randy Jackson is so delusional he's now taking his dead brother to court to get money off of him and he is so deceitful, that at any cost, he will earn money off of Michael Jackson. Yep, Randy Jackson is all that and a bag of chips, that's why Michael Jackson fired his a$$ back in 2005!

 

[ivy]

Jackson's motion for leave to amend
Jackson motion
Jackson lawyers have filed a motion to amend their complaint to add a claim of negligence.
Jackson lawyers state their original complaint first claim was dismissed by the judge because the judge ruled there was no "duty of care". Jackson lawyers argue that the evidence presented has established a duty of care and allege that AEG performed their contractual duties as producer negligently (paragraph 8 of the contract list AEG's duties)
Evidence to show AEG breached its duty
- Hiring of a physician creating conflict of interest
- Norm was to decline the hiring request and require MJ hire his own physician
- Insertion of AEG into negotiations creating conflict of interest
- Murray’s contract terms written by AEG and giving AEG termination power
- Demand of $5 Million being a red flag
- Abrupt drop to $150,000 a month should have raised a red flag that the services were illicit
- Amount of $150,000 should raised a red flag Murray would be providing drugs to Michael
- Threat of losing $150,000 would create pressure for Murray
- AEG’s communications with Murray inferred with patient-doctor relationship
- Allowed Murray act as MJ’s physician despite red flags
- Failed to realize the deterioration and halt the production until MJ was assessed by specialists
- Failed to remove Murray when Michael was deteriorating under his care
- False statements to Ortega and others
- Creating pressure for both Michael and Murray with no cancellation insurance to cover the increased production costs
- Resulted in drastic measures taken by Michael and Murray on June 25th

AEG’s opposition
AEG is opposing the above motion saying that the negligence claim was dismissed during summary judgment and by law it cannot be revisited. AEG specially points out the part in Jacksons motion where they have said they raised the contract issues before.
AEG also argues that everything Jacksons list is actually the same elements of their negligent hiring claim and is not a general negligence claim. They list where some of the above elements were mentioned during summary judgment and state that law states same facts cannot support negligent hiring and general negligence.

 

[jaydom7]

And who is this doctor that is given Bain and Grace all of these drugs for Michael?

good question.. while Randy was throwing out pill bottles and investigating he should've been getting the prescriber's name from the bottles and reporting those doctors to the medical board/police if he felt they were illegally prescribing to an addict.

 

[Soundmind]

And who is this doctor that is given Bain and Grace all of these drugs for Michael?

who cares , there was no doctor , if Randy Jackson knew Murray was getting 150000 a month to administer propofol he would have done it himself .

You do know 99% of his testimony is a lie , the only good thing that came out of it he confirmed what we have been saying for years he was behind the 2007 drug story which was leaked less than ten days after MJ accused him of conspiring against him . He also confirmed that MJ knew he was behind it . That's what we all need to know .

I do believe he was the one behind the paternity stories after MJ's death ,Lester said he was still talking to Randy after he claimed he was the biological father .

The kids know , MJ knew we also knew . One day the public will get to know the whole story (hopefully) .

By the way he could not resist attacking Branca and Maclain , 48 hours after MJ's death at that time no one heard a word from Branca no one knew he was the executor ,while MJ was still under the coroner's knife Katherine and Joe were begging the court to put them in charge of his money because Katherine had pending electricity bills she was afraid no one was going to pay if the court did not allow her to get his money .

Pathetic greedy liars .

 

[Petrarose]

Jackson's motion for leave to amend
Jackson motion
Jackson lawyers have filed a motion to amend their complaint to add a claim of negligence.
Jackson lawyers state their original complaint first claim was dismissed by the judge because the judge ruled there was no "duty of care". Jackson lawyers argue that the evidence presented has established a duty of care and allege that AEG performed their contractual duties as producer negligently (paragraph 8 of the contract list AEG's duties)
Evidence to show AEG breached its duty
- Hiring of a physician creating conflict of interest
- Norm was to decline the hiring request and require MJ hire his own physician
- Insertion of AEG into negotiations creating conflict of interest
- Murray’s contract terms written by AEG and giving AEG termination power
- Demand of $5 Million being a red flag
- Abrupt drop to $150,000 a month should have raised a red flag that the services were illicit
- Amount of $150,000 should raised a red flag Murray would be providing drugs to Michael
- Threat of losing $150,000 would create pressure for Murray
- AEG’s communications with Murray inferred with patient-doctor relationship
- Allowed Murray act as MJ’s physician despite red flags
- Failed to realize the deterioration and halt the production until MJ was assessed by specialists
- Failed to remove Murray when Michael was deteriorating under his care
- False statements to Ortega and others
- Creating pressure for both Michael and Murray with no cancellation insurance to cover the increased production costs
- Resulted in drastic measures taken by Michael and Murray on June 25th

AEG’s opposition
AEG is opposing the above motion saying that the negligence claim was dismissed during summary judgment and by law it cannot be revisited. AEG specially points out the part in Jacksons motion where they have said they raised the contract issues before.
AEG also argues that everything Jacksons list is actually the same elements of their negligent hiring claim and is not a general negligence claim. They list where some of the above elements were mentioned during summary judgment and state that law states same facts cannot support negligent hiring and general negligence.

WHAT!!!! What is going on with Panish? The case is almost over. What was added in evidence that was not in the depositions that Panish had all the time? Some of those points above he already raised anyway. People will fight to the death for money. I guess now that they see a third settlement offer will not work, they decide to throw this in.

I wonder if TMez will say this new move has legal merit to it?

Soundmind maybe Bain or someone will sue randy soon, so all the info on him will come in handy.

 

[Soundmind]

Forget to mention during Kenny Ortega's testimony the jurors were very busy writing down what he was saying. When he said MJ was responsible for his own health juror 6 raised his/her head and looked at Katherine . she/he probably wanted to tell her " do you get it Katherine ?" Randy's wild 7 unsuccessful interventions sealed it in the mind of many jurors if not all of them in my opinion .

 

[Soundmind]

WHAT!!!! What is going on with Panish? The case is almost over. What was added in evidence that was not in the depositions that Panish had all the time? Some of those points above he already raised anyway. People will fight to the death for money. I guess now that they see a third settlement offer will not work, they decide to throw this in.

I wonder if TMez will say this new move has legal merit to it?

Soundmind maybe Bain or someone will sue randy soon, so all the info on him will come in handy.

No one will sue his broke ass . A waste of time and money

 

[Petrarose]

Ivy did they do the motion before Friday? Since the contract was not enforced yet, since Muarry's contract was not signed, how can they say that AEG performed their contractual duties as producer negligently?

 

[Bubs]

LOL. I have one. I'll do it

Will you do me a favour? Tell Randy to f..k off from me. Thanks.

In his depo he acts like a man in charge of Michael, his staff, and family members. Does Randy have this type of power in that family? He does not even know about Michel in Ireland, and I am sure the information he has came from Grace or others.

He has Napoleon complex

 

[passy001]

Jackson's motion for leave to amend
Jackson motion
Jackson lawyers have filed a motion to amend their complaint to add a claim of negligence.
Jackson lawyers state their original complaint first claim was dismissed by the judge because the judge ruled there was no "duty of care". Jackson lawyers argue that the evidence presented has established a duty of care and allege that AEG performed their contractual duties as producer negligently (paragraph 8 of the contract list AEG's duties)
Evidence to show AEG breached its duty
- Hiring of a physician creating conflict of interest
- Norm was to decline the hiring request and require MJ hire his own physician
- Insertion of AEG into negotiations creating conflict of interest
- Murray’s contract terms written by AEG and giving AEG termination power
- Demand of $5 Million being a red flag
- Abrupt drop to $150,000 a month should have raised a red flag that the services were illicit
- Amount of $150,000 should raised a red flag Murray would be providing drugs to Michael
- Threat of losing $150,000 would create pressure for Murray
- AEG’s communications with Murray inferred with patient-doctor relationship
- Allowed Murray act as MJ’s physician despite red flags
- Failed to realize the deterioration and halt the production until MJ was assessed by specialists
- Failed to remove Murray when Michael was deteriorating under his care
- False statements to Ortega and others
- Creating pressure for both Michael and Murray with no cancellation insurance to cover the increased production costs
- Resulted in drastic measures taken by Michael and Murray on June 25th

AEG’s opposition
AEG is opposing the above motion saying that the negligence claim was dismissed during summary judgment and by law it cannot be revisited. AEG specially points out the part in Jacksons motion where they have said they raised the contract issues before.
AEG also argues that everything Jacksons list is actually the same elements of their negligent hiring claim and is not a general negligence claim. They list where some of the above elements were mentioned during summary judgment and state that law states same facts cannot support negligent hiring and general negligence.

I smell desperation. that's what it is. Utter desperation.

 

[Bubs]

you are as good as the hand you are dealt with.

Yes, I agree. The whole situation Panish is in, reminded me of saying: When you lie with dogs, you get up with fleas

 

[passy001]

who cares , there was no doctor , if Randy Jackson knew Murray was getting 150000 a month to administer propofol he would have done it himself .

You do know 99% of his testimony is a lie , the only good thing that came out of it he confirmed what we have been saying for years he was behind the 2007 drug story which was leaked less than ten days after MJ accused him of conspiring against him . He also confirmed that MJ knew he was behind it . That's what we all need to know .

I do believe he was the one behind the paternity stories after MJ's death ,Lester said he was still talking to Randy after he claimed he was the biological father .

The kids know , MJ knew we also knew . One day the public will get to know the whole story (hopefully) .

By the way he could not resist attacking Branca and Maclain , 48 hours after MJ's death at that time no one heard a word from Branca no one knew he was the executor ,while MJ was still under the coroner's knife Katherine and Joe were begging the court to put them in charge of his money because Katherine had pending electricity bills she was afraid no one was going to pay if the court did not allow her to get his money .

Pathetic greedy liars .

This comes from the very same woman who claimed MJ was giving her $1m or something to that effect. Yet she was incapable of paying her utility bills.

The real problem with the jacksons is the complete lack of education. from the lioness to the curbs. These people live in their own bubble and have no sense of reality.

 

[Bubs]

"I haven't even buried my brother yet," Randy said.

ABC7 Court News ?@ABC7Courts 2m
Randy: We were still trying to figure out how to grieve, and these people are in court, and will, and this nonsense.

ABC7 Court News ?@ABC7Courts 2m
Randy: After MJ died, everyone was shocked. I was really displeased with all the stuff that was going on in court with Branca, Weitzman.

I swear KJ must have dropped Randy on his head when he was young one.
He must be really really really bitter towards Branca, as he cannot say anything without bringing Branca's name in to it.
Family were trying to figure out how to grieve after they went to Carolwood the very same day MJ died, and emptied from any valuables, and next day KJ was in court telling the judge that MJ died without Will. That is grieving in Jackson style.

 

[Soundmind]

This comes from the very same woman who claimed MJ was giving her $1m. Yet she was incapable of paying her utility bills.

You know if my child died the first thing in my mind would be who's going to pay my electricity bill .

 

[ivy]

AEG's motion of nonsuit

As Ortega's testimony concluded Jacksons case in chief, AEG has filed a motion for nonsuit - meaning they are claiming Jacksons did not meet burden of proof and case needs to be dismissed. In the alternative (if the whole nonsuit motion is not granted) , AEG is asking for dismissal of individual defendants - Phillips &Gongaware

AEG’s main motion

AEG states Jacksons failed to meet their burden of proof on the negligent hiring claim.

AEG states case law that says in California negligent hiring requires “the contact between plaintiff and employee was generated by the employment relationship” and “if employee met plaintiff as a result of something other than employment, a duty will not be imposed on employer”. AEG states this is the case here and the contact between Michael Jackson and Conrad Murray was not created by the AEG- Murray employment. AEG states it is undisputed that Michael and Murray have met in 2006 and Murray started treating Michael before any relationship between AEG and Murray. AEG also adds that when Michael told AEG he wanted Murray, both Phillips and Gongaware advised Michael to hire a doctor in London but Michael rejected it and continued with Murray. AEG states AEG did not start Michael / Murray relationship and they did not have the power to end it.

AEG continues to state that negligent hiring claim requires Jacksons show that AEG knew or should have known Murray posed a particularrisk to Michael and they hired him nonetheless. AEG states Jacksons failed to show that AEG knew or should have known Murray posed the risk of harming Michael through improper medical care.

AEG states knowledge about Michael’s 93 painkiller addiction and knowledge that Michael appeared ill at times (during 2009) would not put AEG on notice that Murray , a doctor chosen and treated Michael for years ,might kill Michael through an overdose of anesthesia. AEG states even if they discovered what Jacksons state about Murray – debts, judgments, hospital privileges being suspended due to recordkeeping issues- it would not show that Murray would harm Michael through incompetent medical care. AEG states there’s no evidence that Murray harmed a patient before.

AEG states Jacksons failed to demonstrate knowledge and harm. AEG states CA case examples to demonstrate that CA law requires a closer nexus with the knowledge and actual harm. Examples include appeal court rulings of : knowledge an employee used drugs and abused his position to gain sexual favors did not put employer on notice that employee might sexually assault a fellow employee. Another example is knowledge of a priest breaking his celibacy wow and having sex with adult women did not put the church on notice that the priest would molest a minor child. There are other several examples provided.

AEG states there have been never an example that debt makes criminal conduct foreseeable like the Jacksons claim. They state debt does not make a person professionally incompetent. They state there’s no relationship between debt and medical malpractice. AEG also argues that Michael’s thinness or sickness before his death would not put AEG on notice that Murray was harming Michael through improper treatment in his bedroom. AEG states there’s no way from Michael’s symptoms (shivering, obsessive behavior) , AEG could have concluded Murray was administering Michael propofol in his bedroom. AEG states even the people closest to Michael (his children, his chef, his friend of 27 years Karen, Sankey)could not conclude Murray might harm or kill Michael. They state if the people closest to Michael could not conclude this, there’s no way Phillips and Gongaware could come to that conclusion. AEG states there’s no evidence that anyone knew Murray was violating his oath while treating Michael. AEG states Murray and Michael kept propofol a secret from everyone and when the employee (Murray) and the victim (Michael) hide the wrongdoing, the employer (AEG) is not required to uncover it. They cite several cases which says employer cannot be liable about employee’s conduct when no one complained about the conduct.

AEG adds that negligent hiring claim requires it must be something in employee’s (Murray) past that should put the employer (AEG) at notice and victims (Michael) past personal difficulties with drugs cannot be used for required proof of AEG’s knowledge about Murray.
AEG states there has been no evidence to show that AEG knew about Murray’s propofol treatment and even if they did as lay person they weren’t qualified to understand that administration of Propofol at a home setting was improper. AEG cites several cases where corporations weren’t held liable for doctors actions as they cannot evaluate a doctors treatment and control or intrude into a doctor – patient relationship. AEG states it’s the same situation here. AEG states medical boards that grants licenses to doctors have determined Murray to be a fit physician.

AEG also states that Jacksons fail to show that AEG’s conduct was substantial factor in Michael’s death. Law requires AEG’s conduct to be a substantial factor. AEG states Jacksons failed to show that AEG’s alleged hiring of Murray caused Michael’s death. AEG again states that Michael knew Murray since 2006 and Murray had treated Michael since as early as 2006. Jackson lawyers themselves have said that a security guard of Michael introduced him to Murray – not AEG. AEG states Jacksons own evidence shows that AEG got nothing to do with Murray and Michael coming in contact.

AEG adds that there’s evidence that shows Murray was ordering propofol before AEG even heard of him.AEG states Jacksons argued AEG created a conflict of interest between Murray and Michael and that caused Murray to administer propofol but AEG states Jacksons expert testified that Murray ordered propofol before any alleged conflict. Furthermore both Phillips and Gongaware tried to convince Michael to hire a doctor at London and not bring Murray but Michael refused. AEG states Phillips and Gongaware was powerless to separate Michael from his long time doctor Murray. AEG states there’s no relationship between Michael choosing and retaining Murray and anything AEG did. AEG explains that as Michael went to Murray as a doctor without AEG’s involvement (as back as 2006) , as Michael choose to retain Murray against recommendations by AEG, it is only logical to conclude that AEG did not cause Michael to submit to treatment by Murray which caused his death. AEG says this shows nothing AEG did caused harm to Michael and they did not have the power to prevent it.


Alternative motion

In the alternative – if the judge does not grant the above main motion and dismiss the whole case due to not meeting the burden of proof- AEG is asking the judge to remove / dismiss Phillips and Gongaware as defendants.

AEG states the negligent hiring claim puts the liability of the employer and not the employees of the employer. AEG states neither Phillips nor Gongaware employed Murray personally. AEG states even if the judge thinks there’s enough evidence to suggest AEG Live might have hired Murray, there’s nothing to suggest negligent hiring by Phillips and Gongaware as individuals.

 

[shelly_webster]

I don't know where Grace is exactly, but I wonder how she feels now that Randy Jackson has basically called her a DRUG MULE, feeding Michael drugs, some of those drugs being prescribed in her very own name.

All of that confirms that he sold the story about Grace to Roger Friedman in 2007.

 

[Soundmind]

All of that confirms that he sold the story about Grace to Roger Friedman in 2007.

I believe he paid Roger to publish the story .

 

[Petrarose]

^^When AEG adds the legal points to back up their claims, it makes so much sense, but didn't they say some of these arguments before the witnesses took the stand, and the judge still went on about oral contract, etc.? If she acts the way she normally does, she will not dismiss. I think Phillips and Gonga should be removed too. I remember Panish making a point about how the insurance would pay for it, maybe implying the money is not coming out of Phillips pocket.

I wonder what job Randy goes to each day? Meanwhile Rebbie is sick, Grace is missing, Randy is on twitter.

 

[passy001]

AEG's motion of nonsuit

As Ortega's testimony concluded Jacksons case in chief, AEG has filed a motion for nonsuit - meaning they are claiming Jacksons did not meet burden of proof and case needs to be dismissed. In the alternative (if the whole nonsuit motion is not granted) , AEG is asking for dismissal of individual defendants - Phillips &Gongaware

AEG’s main motion

AEG states Jacksons failed to meet their burden of proof on the negligent hiring claim.

AEG states case law that says in California negligent hiring requires “the contact between plaintiff and employee was generated by the employment relationship” and “if employee met plaintiff as a result of something other than employment, a duty will not be imposed on employer”. AEG states this is the case here and the contact between Michael Jackson and Conrad Murray was not created by the AEG- Murray employment. AEG states it is undisputed that Michael and Murray have met in 2006 and Murray started treating Michael before any relationship between AEG and Murray. AEG also adds that when Michael told AEG he wanted Murray, both Phillips and Gongaware advised Michael to hire a doctor in London but Michael rejected it and continued with Murray. AEG states AEG did not start Michael / Murray relationship and they did not have the power to end it.

AEG continues to state that negligent hiring claim requires Jacksons show that AEG knew or should have known Murray posed a particularrisk to Michael and they hired him nonetheless. AEG states Jacksons failed to show that AEG knew or should have known Murray posed the risk of harming Michael through improper medical care.

AEG states knowledge about Michael’s 93 painkiller addiction and knowledge that Michael appeared ill at times (during 2009) would put AEG on notice that Murray , a doctor chosen and treated Michael for years ,might kill Michael through an overdose of anesthesia. AEG states even if they discovered what Jacksons state about Murray – debts, judgments, hospital privileges being suspended due to recordkeeping issues- it would not show that Murray would harm Michael through incompetent medical care. AEG states there’s no evidence that Murray harmed a patient before.

AEG states Jacksons failed to demonstrate knowledge and harm. AEG states CA case examples to demonstrate that CA law requires a closer nexus with the knowledge and actual harm. Examples include appeal court rulings of : knowledge an employee used drugs and abused his position to gain sexual favors did not put employer on notice that employee might sexually assault a fellow employee. Another example is knowledge of a priest breaking his celibacy wow and having sex with adult women did not put the church on notice that the priest would molest a minor child. There are other several examples provided.

AEG states there have been never an example that debt makes criminal conduct foreseeable like the Jacksons claim. They state debt does not make a person professionally incompetent. They state there’s no relationship between debt and medical malpractice. AEG also argues that Michael’s thinness or sickness before his death would not put AEG on notice that Murray was harming Michael through improper treatment in his bedroom. AEG states there’s no way from Michael’s symptoms (shivering, obsessive behavior) , AEG could have concluded Murray was administering Michael propofol in his bedroom. AEG states even the people closest to Michael (his children, his chef, his friend of 27 years Karen, Sankey)could not conclude Murray might harm or kill Michael. They state if the people closest to Michael could not conclude this, there’s no way Phillips and Gongaware could come to that conclusion. AEG states there’s no evidence that anyone knew Murray was violating his oath while treating Michael. AEG states Murray and Michael kept propofol a secret from everyone and when the employee (Murray) and the victim (Michael) hide the wrongdoing, the employer (AEG) is not required to uncover it. They cite several cases which says employer cannot be liable about employee’s conduct when no one complained about the conduct.

AEG adds that negligent hiring claim requires it must be something in employee’s (Murray) past that should put the employer (AEG) at notice and victims (Michael) past personal difficulties with drugs cannot be used for required proof of AEG’s knowledge about Murray.
AEG states there has been no evidence to show that AEG knew about Murray’s propofol treatment and even if they did as lay person they weren’t qualified to understand that administration of Propofol at a home setting was improper. AEG cites several cases where corporations weren’t held liable for doctors actions as they cannot evaluate a doctors treatment and control or intrude into a doctor – patient relationship. AEG states it’s the same situation here. AEG states medical boards that grants licenses to doctors have determined Murray to be a fit physician.

AEG also states that Jacksons fail to show that AEG’s conduct was substantial factor in Michael’s death. Law requires AEG’s conduct to be a substantial factor. AEG states Jacksons failed to show that AEG’s alleged hiring of Murray caused Michael’s death. AEG again states that Michael knew Murray since 2006 and Murray had treated Michael since as early as 2006. Jackson lawyers themselves have said that a security guard of Michael introduced him to Murray – not AEG. AEG states Jacksons own evidence shows that AEG got nothing to do with Murray and Michael coming in contact.

AEG adds that there’s evidence that shows Murray was ordering propofol before AEG even heard of him.AEG states Jacksons argued AEG created a conflict of interest between Murray and Michael and that caused Murray to administer propofol but AEG states Jacksons expert testified that Murray ordered propofol before any alleged conflict. Furthermore both Phillips and Gongaware tried to convince Michael to hire a doctor at London and not bring Murray but Michael refused. AEG states Phillips and Gongaware was powerless to separate Michael from his long time doctor Murray. AEG states there’s no relationship between Michael choosing and retaining Murray and anything AEG did. AEG explains that as Michael went to Murray as a doctor without AEG’s involvement (as back as 2006) , as Michael choose to retain Murray against recommendations by AEG, it is only logical to conclude that AEG did not cause Michael to submit to treatment by Murray which caused his death. AEG says this shows nothing AEG did caused harm to Michael and they did not have the power to prevent it.


Alternative motion

In the alternative – if the judge does not grant the above main motion and dismiss the whole case due to not meeting the burden of proof- AEG is asking the judge to remove / dismiss Phillips and Gongaware as defendants.

AEG states the negligent hiring claim puts the liability of the employer and not the employees of the employer. AEG states neither Phillips nor Gongaware employed Murray personally. AEG states even if the judge thinks there’s enough evidence to suggest AEG Live might have hired Murray, there’s nothing to suggest negligent hiring by Phillips and Gongaware as individuals.

AEG pretty much stated what we have been discussing on this thread to death.