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[ Pretrial Discussion Closed ] AEG files summary judgment motion to dismiss Katherine's lawsuit

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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
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Petrarose said:
But Michael only went back to Muarry due to the concert and needing sleep to rehearse and perform, so if Michael was not involved with AEG, most likely he would not need Muarry and the 'sadly he would die anyway" claim would not apply.
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The problem is that MJ had developed an unprecedented dependency to Propofol long before AEG even came into the picture. I mean Murray was pumping him with Propofol for months. and even before that he had a history of using it in previous tours. so, his dependency on the drug was quite severe to the extend that it was only a matter of time before the worse happened, and sadly so. so, AEG lawyer is not entirely wrong to say that "sadly he would die anyway". I actually think the statement is appropriate, unfortunately so, based on all the accounts and evidences that are publicly available so far.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

"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."

As for now, the bolded part is the only one that Katherine & Co has to prove to the jury that AEG is guilty of.
We know Murray was what MJ wanted, but how the hell K & Co are going to prove that AEG trained and supervised CM?


Jermaine and other brother keep claiming in UK chat shows that CM was just a finger to the bigger hand (or something like that), and keep hinting Sony is to blame of MJ's demise.
I don't know how they are going on from now, as they have to insert Sony somehow to the picture?
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Nathy MJ said:
Any news about the sealing of Michael's medical records that was also going to be discussed today?
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I too would like to hear if judge approved sealing them?



@marebear
"They should have gotten restitution against Murray instead of this lawsuit."

Murray has no money to squeeze out.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

passy001 said:
The problem is that MJ had developed an unprecedented dependency to Propofol long before AEG even came ainto the picture. I mean Murray was pumping him with Propofol for months. and even before that he had a history of using it in previous tours. so, his dependency on the drug was quite severe to the extend that it was only a matter of time before the worse happened, and sadly so. so, AEG lawyer is not entirely wrong to say that "sadly he would die anyway". I actually think the statement is appropriate, unfortunately so, based on all the accounts and evidences that are publicly available so far.
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what accounts and evidence/trial have have you been reading? thats ridiculous to say that. theres reported info mj used it during the history tour and thats about it. you make it sound that mj used it non stop day to day to get sleep when theres no evidence to support that at all. the only info is that he used it during tours when he had no choice and needed sleep. no evidence at all it was used in a day to day way inorder to support claims of dependency. if it was he wouldnt have needed to hire murray would he. wouldnt be asking metzger and lee. wouldnt be in the studio in ireland telling the cameraman to try and get a shot that made it look like he had had some sleep etc. Sorry but fans should know better interms of educating themselves. no wonder the masses are so easy to brainwash when u have fans speaking in such a way.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I wonder if Michael medical records are now (tentatively) null and void, if only the one charge stands I'm not sure that these records are relevant.
 
Bubs;3782685 said:
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.
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Since we all know that Murray was Michael's doctor way before AEG came on the scene, I wonder who Murray's "true master" was during that period.

I also find it funny that Mr. Boyle is on record saying that AEG "agreed" to pay Murray $150,000.00, but for some strange reason never got around to actually cutting Murray a check for $150,000.00. In my opinion, that point would hold way more weight, if they had actually paid Murray for doing what Mother claims AEG wanted Murray to do, i.e. give Michael Diprovan so that Michael would be able to make all of his rehearsals.

As per Mr. Boyle, "Murray's loyalty was divided." In my opinion, the ONLY loyalty Murray has shown is to himself. He's not even loyal to the line of children he has left in his wake.

I also find it interesting that Mr. Boyle has completely refrained from saying anything about how Michael and Murray had a relationship way before AEG came on the scene. I wonder how they plan on handling that "little" tidbit, which in my opinion, is a VERY IMPORTANT tidbit, since it continues to be one of their lawsuit points.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
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.
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hmm, I think we need to go back to the original complaint and see the details of what is expected to be dismissed.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
Is it on page 13, second cause of action that is left?
http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0916_jackson_wrongful_death_TMZ_WM.pdf
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yes 3 & 4 had been dismissed soon after the lawsuit filed (at demurrer). Now the judge is planning to dismiss 1 & 5. That only leaves -the 2nd cause of action. And it does significantly reduce AEG's responsibility - if any.

edited to add

first cause of action is simply put breach of contract due to duties of care. Dismissing that would mean that AEG had no duties of care towards Michael. It will also moot any claim that AEG had any special relationship and control over Michael whether it is his finances or medical care (5th cause of action).

The remaining 2nd cause of action - negligent hiring- is about AEG hired Murray without doing a background check, AEG did not fire Murray when Michael wasn't well (negligent supervisor), AEG made the goal of the treatment to attend rehearsals and not Michael's best interest, AEG did not provide Murray assistant and medical supplies he requested.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Big Apple2 said:
I also find it funny that Mr. Boyle is on record saying that AEG "agreed" to pay Murray $150,000.00, but for some strange reason never got around to actually cutting Murray a check for $150,000.00. In my opinion, that point would hold way more weight, if they had actually paid Murray for doing what Mother claims AEG wanted Murray to do, i.e. give Michael Diprovan so that Michael would be able to make all of his rehearsals.

As per Mr. Boyle, "Murray's loyalty was divided." In my opinion, the ONLY loyalty Murray has shown is to himself. He's not even loyal to the line of children he has left in his wake.

I also find it interesting that Mr. Boyle has completely refrained from saying anything about how Michael and Murray had a relationship way before AEG came on the scene. I wonder how they plan on handling that "little" tidbit, which in my opinion, is a VERY IMPORTANT tidbit, since it continues to be one of their lawsuit points.
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We heard from trial that CM asked a lot more than 150 thousand/month. Wasn't it AEG people that called to Michael and asked about CM's salary?
This is from CM trial, opening statement:
"Walgren mentions that Michael and Dr. Murray met in 2006 in Vegas and maintained contact. At the time Michael Jackson died, Dr. Conrad Murray was not board-certified in any medical specialty. In March 2009 Michael asked Dr. Murray to accompany him on tour. Murray agreed and requested to be paid $5 Million a year. They offered him $150,000 a month. Murray's duties included to perform general medical care, emergency medical care. He would have received $150,000 , airfare to UK and housing. He would have been hired as an independent contractor. At the time Michael died the contract was not signed by Michael or AEG."

MJ said 5 million is too much, and told AEG person to offer 150 thousand/month. That rules out a little bit of what K & Co claiming of who is the master and who actually paid CM's salary.

Boyle makes is sound like AEG offered too much money for CM, and that is the reason he was lousy doctor.
What does he think CM was going to do with less money? Be more attentive while putting MJ under?
If anyone else had offered the same thing to CM, he would have taken the opportunity and dismissed his hippocratic oath for $$$, the amount of money put on the table wouldn't have made no difference in CM's actions.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Can someone refresh my memory, there was no signed contract between AEG and CM? Or even MJ & CM, I seem to remember it was written up but not signed.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

LastTear said:
Can someone refresh my memory, there was no signed contract between AEG and CM? Or even MJ & CM, I seem to remember it was written up but not signed.
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yes true. They finalized the contract and send it to Murray. Murray signed it the day before Michael's death and that's all. Neither Michael nor AEG had signed it.

but I will say that I understand judge's ruling because a good lawyer can make a case for an oral contract. Murray was already providing services and notified AEG and AEG was preparing the contract to define that the employment term started at May 2009. So given this although there wasn't a signed written contract, a good lawyer can make case for an ongoing work relationship. It could be a matter for a jury to decide.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Ah, I see, thank Ivy. It's funny because the employment issue was the first thing I thought would be thrown out because of lack of signed contract.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

LastTear said:
Can someone refresh my memory, there was no signed contract between AEG and CM? Or even MJ & CM, I seem to remember it was written up but not signed.
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Yes, if memory serves, there were a few contracts regarding this issue. I believe there was one which needed to be signed by AEG, Michael, and Murray. And there was another one that needed to be signed by Michael only. (I "think" that's how it was, maybe somebody can confirm my last sentence.)

None were signed and I believe that AEG said they would not be signing anything until Michael signed on first.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^^^ We never saw a copy of them did we?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

ivy said:
The remaining 2nd cause of action - negligent hiring- is about AEG hired Murray without doing a background check, AEG did not fire Murray when Michael wasn't well (negligent supervisor), AEG made the goal of the treatment to attend rehearsals and not Michael's best interest, AEG did not provide Murray assistant and medical supplies he requested.
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AEG checked CM's background and found nothing unusual.. They probably found out that he was behind the child support and basically broke, but there are many doctors that are broke and in financial troubles. If we go by that lining of thinking, most of the Jackson's themselves are in the same troubles.

AEG didn't fire CM when MJ was not well?
They did tell MJ to not to go on Arnie Klein, which is reasonable way of thinking. To many cooks spoil the broth, in other words, too many doctors treating one patience in no good, and it shows they tried to talk to MJ to use one doc.

AEG didn't provide the assistant. During the trial we found out that what ever was requested was for London.

The only thing left is MJ's best interest. Well see what happens.

In my opinion, it doesn't look good for Katherine and Co, and Randy's head probably popped after yesterday's news:)
More granny-napping in horizon, or maybe he this time takes Joe to spa?
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
AEG didn't fire CM when MJ was not well?
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Another point I was thinking about was the fact that when AEG was concerned about Michael not being well, they were told by Michael's doctor, that Michael was fine. Michael's doctor also told Kenny Ortega to "mind his own business."

Not sure how Mother's side can say AEG was not concerned, when they did appear to be concerned, but were rebuffed by Michael's doctor. I believe Michael even said "I know you're worried, but I'm fine."

We also have Ortega's email, wherein he suggested that Michael see a specialist. Not sure if Michael would have went for that, but it does show concern on Ortega's part, in my opinion.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Big Apple2 said:
Another point I was thinking about was the fact when AEG was concerned about Michael not being well, they were told by Michael's doctor, that Michael was fine. Michael's doctor also told Kenny Ortega to "mind his own business."

Not sure how Mother's side can say AEG was not concerned, when they did appear to be concerned, but were rebuffed by Michael's doctor. I believe Michael even said "I know you're worried, but I'm fine."

We also have Ortega's email, wherein he suggested that Michael see a specialist. Not sure if Michael would have went for that, but it does show concern on Ortega's part, in my opinion.
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Absolutely true.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Was Katherine concerned about MJ's health? Mike looked very thin those last few months, was she concerned? did she approach him?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Oh and let's not forget about Jermaine's latest comments. Not sure if AEG got a wind of them yet, but there're very interesting nonetheless.

Those comments being: "After Michael finished his 50-O2 dates, he was prepared to do 50 more dates with his brothers." As per Jermaine: "It was ALREADY planned."

I would love to see Jermaine explain his comments on the witness stand.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

jaydom7 said:
Was Katherine concerned about MJ's health? Mike looked very thin those last few months, was she concerned? did she approach him?
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She probably did approach him, but it most likely had nothing to do with his health.

In my opinion, Mother's involvement would have revolved around trying to get Jermaine, Tito, Jackie, and Marlon signed on to those O2 dates with Michael, i.e. "Michael you don't need your brothers, but your brothers need you, please let them be part of your tour."
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Big Apple2 said:
Oh and let's not forget about Jermaine's latest comments. Not sure if AEG got a wind of them yet, but there're very interesting nonetheless.

Those comments being: "After Michael finished his 50-O2 dates, he was prepared to do 50 more dates with his brothers." As per Jermaine: "It was ALREADY planned."

I would love to see Jermaine explain his comments on the witness stand.
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Any idea of AEG's email address? I'm dislike so much of Jermaine's lies that I'm ready and willing to post them that interview.

Funnily enough, every other interview they claim that they were denied access to Michael, yet somehow they managed to get to MJ to agree to do tour with them:doh:

After this trial is over, we should file a class action against Jackson family, and seek legal emancipation that separates Michael from his parents and siblings. Also if possible, check DNA if MJ really is related to them.:puke:
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
Any idea of AEG's email address? I'm dislike so much of Jermaine's lies that I'm ready and willing to post them that interview.

After this trial is over, we should file a class action against Jackson family, and seek legal emancipation that separates Michael from his parents and siblings. Also if possible, check DNA if MJ really is related to them.:puke:
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LOL... :bow: I hear ya.. I am about ready to call all of them out, Katherine included. Can I file a lawsuit against the family for not protecting or taking care of Michael. He was their breadwinner. They should have done a better job taking care and loving him.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs said:
Any idea of AEG's email address?
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I don't have that information, but I wouldn't be surprised to find out that AEG has already been informed about Jermaine's latest comments.

One thing I can say about Michael Jackson fans, "we are a very dilligent bunch of people and not too much gets passed us."
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Big Apple2 said:
I don't have that information, but I wouldn't be surprised to find out that AEG has already been informed about Jermaine's latest comments.

One thing I can say about Michael Jackson fans, "we are a very dilligent bunch of people and not too much gets passed us."
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If I had a twitter account, I would love to tweet that interview to AEG, Jermaine and Randy. Two of them would get a heart attack:D
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Bubs,

here Marvin Putnam's email (AEG lawyer) : mputnam@omm.com
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I bet Steven Randall's big head will explode or has exploded once he heard half of the case was thrown out.. He is the one that convinced Katherine to file this claim. Remember back in 2010 he was saying on twitter how he is so proud of his family for bringing this action blah blah... I wonder if he is still proud seeing as if they will lose this case. Their kidnapping scheme failed and they bypassed restitution against Murray. They are losers and they deserve it for being so greedy and uncaring about Michael.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Apologies if I've missed it somewhere, but what is the next step in this case and do we know when?
 
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