ivy;3783249 said:
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.
Thanks Ivy. Yeah, I got a picture where Jackson's are coming from, and after reading AEG's summary judgement, it looks like Jacksons are not going to bank.
I only got introduction page where I’m in agreement with AEG.
“Unable to provide contrary evidence in opposition, plaintiff instead unleash a flood of supposed evidence for the other elements they must prove.
Yet plaintiffs do not submit one single piece of admissible evidence to contest the key fact requiring summary judgement. Instead, they seek to distract the court with nearly 1300 pages of supposed evidence (most wholly inadmissible) that is wholly irrelevant to the instant motion (admissible or not).”
In other words, they started without having anything, and most likely finish without having anything against AEG.
“For instance, plaintiffs assert that defendants “told Jackson, through CM, what medication he should take”, but again, they presented no admissible evidence to support this wild claim”
So Katherine and Co told in court that AEG people told CM to give Michael this and that medicine and they had nothing to prove that this happened? No wonder judge threw out most of their claims.
“Plaintiffs do not dispute that Jackson died in his home at the hands of his long time personal physician. Not can they. This court therefore must decide whether a concert promoter, by working with an artist, thereby assumes a duty to protect that artist from his own long-term personal physician”
I agree with them, and if I were AEG lawyer, I would be asking why family (as they seem to know all about CM) didn't warn AEG about CM's incompetency? Why family didn't protect MJ from his own physician?
Interesting that Katherine’s side were trying to put the blame on AEG for not getting assistant for CM, but according to this doc, CM was supposed to select assistant for himself, and to London.
Obviously AEG checked CM’s background, he had med license in 4 states, and no history of discipline actions. Katherine’s side argued that they should have know CM posed safety issue because Michael’s 93 painkiller addiction! As AEG said, CM didn’t come with warning sign, and if he fooled Michael, what more AEG could’ve done?
“Plaintiffs also contend that had defendants researched CM’s background in detail, two “glaring problems” would’ve emerged. But neither of these supposed “glaring problems” would have put any reasonable person on notice that CM posed safety risk to Jackson. First, plaintiffs contend defendants would have learned CM was not board certified in cardiology. There is no evidence, however that CM lack of board certification rendered him unqualified. Nor could it conceivably put a reasonable person on notice that CM was unfit to treat Jackson’s general medical needs.
They are right. How they were supposed to know that the experiment what CM was practicing to MJ, was kind of medical field that board certification was needed.
“Second, plaintiffs contend a background check would have revealed CM was in debt, but debt doesn’t render a person unqualified to do his job. There was, and would have been no reason to suspect CM debt would cause him to perform poorly as a physician.”
I agree with that too. Not too many people would work now days if that is to the reason for not hiring anyone with debt, and again, it didn’t bother MJ that CM was in debt. Also, most of the Jackson has this "glaring problem", so are they saying that they cannot be hired for anything as they pose a thread?
“Contrary to plaintiffs unsupported contentions that CM was to be engaged for up to four years, the draft contract provided that the “term” would terminate at “the end of last performance of the artist in the concert series”, which would be March 6, 2010.
Where the hell Katherine and Co got the idea that CM was to be with MJ for 4 years?
Now there is something for siblings to think about, where is the rest of the 100 concert that MJ was supposed to do with them?
After reading AEG’s summary judgement, Jackson’s can kiss judge’s behind as she left them a bone to chew. They were damn lucky that the judge didn’t throw out the whole case. AEG has some very strong points, and Jackson’s have not much at all, especially the much needed evidence.