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

[qbee]

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

Yes the contract drawn up and sent to Murray will not be in Katherine's favor, that's for sure.

 

[Annita]

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

And the last sentence of the contract:

The Undersigned hereby confirms that he has requested Producer to engage Dr. Murray on the terms set forth herien on behalf of and the expense of the undersigned


Michael Jackson

 

[ivy]

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

I'm thinking the only reason this claim survived and is going to the trial is because the contract says the term starts at May 1.

Yes it wasn't signed and binding but the contract acknowledges that Murray was providing services starting May 2009.

 

[Petrarose]

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

edited to add: the more I think the more I wonder why don't the judge dismiss the whole case. She still might.

Right? I think that question has been in everyone's mind. I just don't understand it. What tiny piece of evidence does the judge have that shows that AEG could be liable. Could it be something in an e-mail or letter between AEG personnel? I don't get it.

The contract also states that Muarry has to have the licenses for US & London, but it was days before the group was moving to London & Muarry did not have his working papers for England & his contract was not signed, which brings up the question: Was Michael really taking Muarry to London?

 

[Bonnie Blue]

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

I'm thinking the only reason this claim survived and is going to the trial is because the contract says the term starts at May 1.

Yes it wasn't signed and binding but the contract acknowledges that Murray was providing services starting May 2009.

That's a good point. I think you can argue that there was some type of contractual relationship going on as murray was providing these services for mj whilst in contract negotiations with aeg. But they can't really show the negligent bit - murray didn't have tons of lawsuits against him.

He cited Murray's debt problems as a red flag that AEG should have spotted and contends the company created a serious conflict between his responsibility to Jackson and his own financial well-being.

It's just a completely desperate claim to make. Can't imagine any jury member who had ever been in debt would be thrilled to hear this argument that all those with debts should be barred from any position of responsibility.

The negligent supervising part of the claim is also impossible to prove. Randy and gongaware just seem to have had a few meetings with murray starting in may i think - doesn't mean they were directing mj's medical treatment, they were just wanting to make sure mj turned up at rehearsals. That murray wd be administering propofol is just so 'out there' and unforeseeable by anyone, that i can imagine it would be used in legal textbooks as an example of 'unforeseeability'. Shame the whole case wasn't thrown out, but hopefully it will be a short one and not have too much upsetting testimony.

 

[MIST]

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

I wish Murray did what Phillips and Gongaware told him, made sure Michael came to the rehearsals.
In my mind it means Murray should have taken care of Michael and not made a healthy man sick.
Even if Murray gave Michael propofol for sleep Michael would have survived if Murray knew what he did, if he cared.

 

[elusive moonwalker]

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

So the only element of the suit left is the hiring issue and first the jury must decide if AEG did hire him and then if they did hire him were they negligent in doing so? everything including aeg told murray to use diprivan and controlled him are dismissed?

 

[Petrarose]

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

^^That's the thing. Michael chooses Muarry & says he wants him, so who hired Muarry? Is it Michael or both Michael & AEG? Can AEG say they did not hire him but was going to pay him for Michael for some months? Then, if he began to work since May, how come he was not paid by June. Shouldn't he be paid at the end of May?

 

[elusive moonwalker]

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

the contract posted above doesnt help the family imo. makes it pretty clear who was hiring who

Well murray told the police that mj hired him but aeg were paying (then mj paid aeg via concert money) so murray own words dont help the family. kinda makes his depo redundant now? ppl like faye were hired in the same way so i guess aeg will point that out aswell

 

[Victory22]

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

Right? I think that question has been in everyone's mind. I just don't understand it. What tiny piece of evidence does the judge have that shows that AEG could be liable. Could it be something in an e-mail or letter between AEG personnel? I don't get it.

The contract also states that Muarry has to have the licenses for US & London, but it was days before the group was moving to London & Muarry did not have his working papers for England & his contract was not signed, which brings up the question: Was Michael really taking Muarry to London?

I think Michael was looking for a better and cheaper doctor and would have only taken Murray if there was no one else.

 

[Petrarose]

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

I think Michael was looking for a better and cheaper doctor and would have only taken Murray if there was no one else.

That is what I think too. It is a pity that he did not fire Muarry before he found one.

 

[Ashtanga]

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

Honestly? I very much doubt that Katherine will win this case. Only a miracle even. -_-

 

[Petrarose]

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

OK so before these new lawyers were added, the count was 7 (?) & that was not enough. When Katherine got Panish & co there were articles about how brilliant they were, but it seems they were not brilliant enough.

Something I notice that after 09, it is difficult for individuals to gain massive amounts of money from trashing/ridiculing Michael's name. Sure some make some bucks here and there, but gaining millions is not happening. Good examples are the failed lawsuits, fake tributes, fake belts, fake Gary extravaganza, fake Neverland City, fake true biographies, & now we have AEG lawsuit that has dwindled to 1 count. Then compare that to the things that make millions which all focus on promoting/elevating/honoring Michael, like Cirque, which is not handicapped by entities like publishers.

 

[Victory22]

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

That is what I think too. It is a pity that he did not fire Muarry before he found one.

Our poor MJ. IF he had only been granted a little more time. He would have still had to deal with Murray and his blackmail tape.

 

[jamba]

Here is one case of negligent hiring
http://hr.toolbox.com/blogs/backgro...mily-of-victim-in-negligent-hiring-case-49415

and some more
http://www.apscreenemploymentscreening.com/articles/case_samples.pdf

Thanks, Bubs. Here's from the first link: "Negligent hiring is the flip side of “due diligence.” If an employer hires someone who they either knew – or in the exercise of reasonable care should have known – was dangerous, unfit, or not qualified for the position, and it was foreseeable that some sort of injury could happen to someone as a result, the employer can be sued for negligent hiring."

Not sure this fits CM, though. What do you think? How could they have known he was unfit, etc? Maybe they could have been suspicious re his debts but not necessarily his medical competence.

The other link gives really awful examples of people hired who actually murdered on the job (scary--one was a security guard!).

 

[Bubs]

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

^^ Katherine's lawyers are saying that AEG should have known or seen to the future that because CM was in debt, and the amount of money was offered for his service, caused CM to throw away his Hippocratic oath, and as a result, he started his special treatment to Michael that killed MJ. Many doctors are in debt what ever reasons, but that doesn't make them killers, does it?

I actually feel offended by Katherine's lawyers are saying that AEG should have seen CM debts posed a risk how he was going to behave.
I think about it my point of view. We have a loan and are in debt due building an extension. According to them, I now pose a risk to do something stupid!!
Also if I was looking for new job, my possible future employer should not hire me because I have debt that makes me unqualified to perform as required in job description

I just cannot believe that jury could side with plaintiffs, and as AEG said, CM didn't come with warning sign.

 

[elusive moonwalker]

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

I think Michael was looking for a better and cheaper doctor and would have only taken Murray if there was no one else.

unfortunatly idont think theres any evidence of that. you cant really randomly find a dr at short notice who gonna give you diprivan. its not like mj just wanted a standard dr. we know that adams was asked to come but murray seemed to put him off but imo mj was set with murray.AEG certainly didnt want him and wanted to pay for a cheaper uk dr

 

[passy001]

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

^^ Katherine's lawyers are saying that AEG should have known or seen to the future that because CM was in debt, and the amount of money was offered for his service, caused CM to throw away his Hippocratic oath, and as a result, he started his special treatment to Michael that killed MJ. Many doctors are in debt what ever reasons, but that doesn't make them killers, does it?

I actually feel offended by Katherine's lawyers are saying that AEG should have seen CM debts posed a risk how he was going to behave.
I think about it my point of view. We have a loan and are in debt due building an extension. According to them, I now pose a risk to do something stupid!!
Also if I was looking for new job, my possible future employer should not hire me because I have debt that makes me unqualified to perform as required in job description

I just cannot believe that jury could side with plaintiffs, and as AEG said, CM didn't come with warning sign.

CR was not hired. and even if he was, AEG had no say in his hiring and firing. and even if they had a say, they could not do so just because CM was in debt because that would have given CM a solid reason to file lawsuit against both MJ and AEG for unfair dismissal or dismissal with prejudice.

 

[elusive moonwalker]

Thanks, Bubs. Here's from the first link: "Negligent hiring is the flip side of “due diligence.” If an employer hires someone who they either knew – or in the exercise of reasonable care should have known – was dangerous, unfit, or not qualified for the position, and it was foreseeable that some sort of injury could happen to someone as a result, the employer can be sued for negligent hiring."

Not sure this fits CM, though. What do you think? How could they have known he was unfit, etc? Maybe they could have been suspicious re his debts but not necessarily his medical competence.

The other link gives really awful examples of people hired who actually murdered on the job (scary--one was a security guard!).

i think its reaching to say the above fits murray. the fam have two hurdles with this. first get the jury to agree that AEG actually hired murray and THEN get the jury to agree that it was forseeable. also mj wanted murray so theres also that issue.its not like AEG imposed him on mj therefore they had a duty of care so to speak.if mj was saying murrays fine i want him then why would there be any red flags on AEGs side. you would have to be a heck of a mind reader to even imagine what murray was doing to mj each night. we saw during the trial that it was a first something all these drs had never heard of and never imagined would happen yet AEG was supposed to foresee that murray was gonna do what he did just based of him being in debt? and the family claim it should have been a red flag with the amount of money murray wanted. well it was a red flag interms of him being a greedy and that amount that was being offered to him was reduced. but to say that implies it should have been a red flag for murray was then gonna do what he did is imo reaching in the extream. everyone always overcharged and took advantage of mj does that mean they were all potentially gonna kill him in someway

 

[ShipOfFools]

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

I'm sorry, but I find that ridiculous.

AEG couldn't have determined whether or not Conrad Murray was a nutter, any more than Katherine Jackson could. He surprised everyone, it wasn't just a random thing.

I never have really believed the conspiracy theories. I think Michael hired Conrad, AEG signed on, and then Conrad Murray turned out to be a bad guy. AEG wanted to kick Murray to the curb, but Michael wouldn't allow it, and that's how that mess happened.

Just my impression. I'm not going to read through all 42 pages of this thread.

 

[gerryevans]

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

..... the fam have two hurdles with this. first get the jury to agree that AEG actually hired murray and THEN get the jury to agree that it was forseeable. also mj wanted murray so theres also that issue.its not like AEG imposed him on mj therefore they had a duty of care so to speak.if mj was saying murrays fine i want him then why would there be any red flags on AEGs side.

Succinctly put.

When you also consider MJ actually entrusted Murray once to treat his children, that alone would be confirmation that he must be a good doctor. Knowing how much MJ loved PPB, I'd even think he had to be one of the very best doctors on the planet.

Absolutely no one could have foreseen CM's wrecklessness. No one.

 

[elusive moonwalker]

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

Absolutely no one could have foreseen CM's wrecklessness. No one.
------------------------------------

totally agree and thats a key point. what murray did was so unbelievable that even if you thought AEG had a duty of care how could they have forseen what happened. the only way they could have forseen it is if you go with the families argument that AEG told murray to give dip and made him do it by controlling him. but am i right in thinking that argument was thrown out by the judge? so that should not even come up now in the trial. so it all comes down to should have AEG foreseen based on murray just being in debt and mj wanting him. i guess mj wanting him will be an argument used by the family against gongaware because of paul being on the dangerous tour so paul should have had a red flag about diprivan yet tmk the only "evidence" of diprivan is from the history tour. so we are really scraping the barrell as far asthe family is concerned interms of what AEG should have known and therefore they could have forseen what was going on in carolwood.

i hate the fact that ppl blame mj by the excuse of he asked for dip from murray but in this case that allegation may actually help AEG.i think that will be a factor on jurrors minds. mj wanted murray told aeg he wanted him etc etc.

 

[Petrarose]

Thanks, Bubs. Here's from the first link: "Negligent hiring is the flip side of “due diligence.” If an employer hires someone who they either knew – or in the exercise of reasonable care should have known – was dangerous, unfit, or not qualified for the position, and it was foreseeable that some sort of injury could happen to someone as a result, the employer can be sued for negligent hiring."

Not sure this fits CM, though. What do you think? How could they have known he was unfit, etc? Maybe they could have been suspicious re his debts but not necessarily his medical competence.

The other link gives really awful examples of people hired who actually murdered on the job (scary--one was a security guard!).

It seems AEG would not know Muarry would be dangerous, unfit, and could cause injury. If they investigated him, they would see that he was licensed, and unless patients had lodged complaints against him & he was disciplined, they would not know he would be a danger. Having a lot of women & being in debt does not count; if that was the case, 50% of the population would not be hired for fear they would get into some trouble & make their employers' liable.

I guess when we get the information on Monday, we will see how the judge was influenced.

 

[ivy]

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

Well this is new. I guess now we know what the Jacksons will argue


Alleged 'smoking gun' e-mail revealed in Michael Jackson death suit
By Alan Duke, CNN

updated 7:14 PM EST, Sun March 3, 2013
STORY HIGHLIGHTS

Michael Jackson's mom and kids accuse AEG Live of pressuring Dr. Conrad Murray
A "smoking gun" e-mail ties AEG Live to Murray, Jackson attorney says
Concert promoter AEG Live argues it did not hire or supervise Murray
Murray is serving a prison sentence for Jackson's 2009 death

Los Angeles (CNN) -- A "smoking gun" e-mail allegedly connecting a concert promoter to Michael Jackson's death was revealed this week as a judge unsealed documents in the wrongful death lawsuit filed by Jackson's mother and children.

The trial next month in Los Angeles could shed new light on the pop icon's last days as Dr. Conrad Murray, who did not testify at his own involuntary manslaughter trial, and Jackson's oldest son Prince, 16, are on the witness list.

Jackson died two weeks before his "This Is It" comeback concerts, organized by AEG Live, were to have debuted in London in the summer of 2009. E-mails suggested that the promoter was worried about Jackson's missed rehearsals and they sought Murray's help in getting him ready.

Prince, Paris and Blanket Jackson and their grandmother, Katherine Jackson, contend that AEG Live's pressure on Murray to have Michael Jackson ready for daily rehearsals despite his fragile health led to his death from an overdose of surgical anesthetic.

The judge ruled Wednesday that Jackson lawyers have shown enough evidence that AEG Live hired and supervised Murray to warrant a jury trial. She also ruled there was evidence to support the Jacksons' claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the pop icon.

"Now that the court has ruled that there is evidence that it was foreseeable that AEG's actions resulted in Michael Jackson's death, the Jackson family feels vindicated from the public smear campaign that AEG has waged against them," Jackson lawyer Kevin Boyle said Sunday. "The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging. We look forward to the trial where the rest of the story will come to light."

A cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's June 25, 2009, death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

Jackson lawyers, calling it a "smoking gun," argue the e-mail is evidence that AEG Live used Murray's fear of losing his $150,000-a-month job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Ortega, who had worked closely with Jackson on previous tours, sounded a loud warning about his health after Jackson showed up for a rehearsal shivering just over a week before his death. He wrote in an e-mail to AEG Live President Randy Phillips: "It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state. I believe we need professional guidance in this matter."

Phillips responded with a glowing endorsement of Murray: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

Jackson lawyers point to another e-mail exchange as evidence that Phillips was directly involved with pressuring Murray to have Jackson at rehearsals. The e-mail was sent by AEG Live tour accountant Timm Woolley to an insurance broker two days before Jackson died: "Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule."

Murray told investigators two days after Jackson's death that he used the surgical anesthetic propofol every night for two months to help him rest for rehearsals. It was a procedure Jackson demanded, he said. The Los Angeles County coroner ruled that Jackson had died from an overdose of propofol in combination with sedatives. Murray is serving a prison sentence for his involuntary manslaughter conviction.

AEG Live argues it has no liability in Jackson's death because Murray was not its employee. AEG lawyer Marvin Putnam did not respond Sunday to CNN calls for comment, but he did give a short statement last year: "Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson."

The lawsuit seeks a judgment against AEG Live equal to the money Jackson would have earned over the course of his remaining lifetime if he had not died in 2009. If AEG Live is found liable, it could cost the company several billion dollars, according to estimates of Jackson's income potential. AEG Live is a subsidiary of AEG, a global entertainment company that is now for sale with an $8 billion asking price.

Los Angeles County Superior Court Judge Yvette Palazuelos, in her ruling rejecting AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."

Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.

While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him." Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live.

The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.

http://www.cnn.com/2013/03/03/showbiz/michael-jackson-death-suit/index.html

 

[Petrarose]

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

^^That smoking gun is not giving off a lot of smoke to me.

It seems it was an e-mail that they were backing all their claims on, but does the e-mail say to give him prof, all it says is they are paying him and most likely insinuating that Muarry should take care of his health so he shows up to rehearsals, because after all that is what they are paying him for. How does that show they knew Muarry would be dangerous? As a doctor it was his responsibility to take care of Michael so if Michael is sick & missed a rehearsal, they should ask the doc what is going on.

 

[marebear]

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

They are asking for billions of dollars or what Michael would have made if he had lived? I don't know about this. I always said to myself that I would keep an open mind if something came across to think about. The judge allowed this to go through so I am not sure what to think right now. I hope Prince won't have to testify. I think he can handle it but I hope he doesn't have to.

I don't like AEG or the Jacksons.

 

[jaydom7]

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

I don't like AEG or the Jacksons either.. and the thing is if Gongaware should've known about the 'tour doctors', Katherine should have too.. Wasn't Katherine at some of MJ's shows on Dangerous and History? And wasn't she aware of her son's prescription drug problem in 1993? and wasn't Katherine aware of MJ's trips to Klein and Hoefflin? why didn't she investigate her son's other doctors and his medical issues if she was so concerned?

 

[Victory22]

Well this is new. I guess now we know what the Jacksons will argue


Alleged 'smoking gun' e-mail revealed in Michael Jackson death suit
By Alan Duke, CNN

updated 7:14 PM EST, Sun March 3, 2013
STORY HIGHLIGHTS

Michael Jackson's mom and kids accuse AEG Live of pressuring Dr. Conrad Murray
A "smoking gun" e-mail ties AEG Live to Murray, Jackson attorney says
Concert promoter AEG Live argues it did not hire or supervise Murray
Murray is serving a prison sentence for Jackson's 2009 death

Los Angeles (CNN) -- A "smoking gun" e-mail allegedly connecting a concert promoter to Michael Jackson's death was revealed this week as a judge unsealed documents in the wrongful death lawsuit filed by Jackson's mother and children.

The trial next month in Los Angeles could shed new light on the pop icon's last days as Dr. Conrad Murray, who did not testify at his own involuntary manslaughter trial, and Jackson's oldest son Prince, 16, are on the witness list.

Jackson died two weeks before his "This Is It" comeback concerts, organized by AEG Live, were to have debuted in London in the summer of 2009. E-mails suggested that the promoter was worried about Jackson's missed rehearsals and they sought Murray's help in getting him ready.

Prince, Paris and Blanket Jackson and their grandmother, Katherine Jackson, contend that AEG Live's pressure on Murray to have Michael Jackson ready for daily rehearsals despite his fragile health led to his death from an overdose of surgical anesthetic.

The judge ruled Wednesday that Jackson lawyers have shown enough evidence that AEG Live hired and supervised Murray to warrant a jury trial. She also ruled there was evidence to support the Jacksons' claim that AEG Live executives could have foreseen that Murray would use dangerous drugs in treating the pop icon.

"Now that the court has ruled that there is evidence that it was foreseeable that AEG's actions resulted in Michael Jackson's death, the Jackson family feels vindicated from the public smear campaign that AEG has waged against them," Jackson lawyer Kevin Boyle said Sunday. "The truth about what happened to Michael, which AEG has tried to keep hidden from the public since the day Michael died, is finally emerging. We look forward to the trial where the rest of the story will come to light."

A cornerstone of the Jacksons' case is an e-mail AEG Live Co-CEO Paul Gongaware wrote 11 days before Jackson's June 25, 2009, death. The e-mail to show director Kenny Ortega addressed concerns that Murray had kept Jackson from a rehearsal the day before: "We want to remind (Murray) that it is AEG, not MJ, who is paying his salary. We want to remind him what is expected of him."

Jackson lawyers, calling it a "smoking gun," argue the e-mail is evidence that AEG Live used Murray's fear of losing his $150,000-a-month job as Jackson's personal physician to pressure him to have Jackson ready for rehearsals despite his fragile health.

Ortega, who had worked closely with Jackson on previous tours, sounded a loud warning about his health after Jackson showed up for a rehearsal shivering just over a week before his death. He wrote in an e-mail to AEG Live President Randy Phillips: "It is like there are two people there. One (deep inside) trying to hold on to what he was and still can be and not wanting us to quit him, the other in this weakened and troubled state. I believe we need professional guidance in this matter."

Phillips responded with a glowing endorsement of Murray: "This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

Jackson lawyers point to another e-mail exchange as evidence that Phillips was directly involved with pressuring Murray to have Jackson at rehearsals. The e-mail was sent by AEG Live tour accountant Timm Woolley to an insurance broker two days before Jackson died: "Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule."

Murray told investigators two days after Jackson's death that he used the surgical anesthetic propofol every night for two months to help him rest for rehearsals. It was a procedure Jackson demanded, he said. The Los Angeles County coroner ruled that Jackson had died from an overdose of propofol in combination with sedatives. Murray is serving a prison sentence for his involuntary manslaughter conviction.

AEG Live argues it has no liability in Jackson's death because Murray was not its employee. AEG lawyer Marvin Putnam did not respond Sunday to CNN calls for comment, but he did give a short statement last year: "Defendants did not hire Dr. Murray nor were they responsible for the death of Michael Jackson."

The lawsuit seeks a judgment against AEG Live equal to the money Jackson would have earned over the course of his remaining lifetime if he had not died in 2009. If AEG Live is found liable, it could cost the company several billion dollars, according to estimates of Jackson's income potential. AEG Live is a subsidiary of AEG, a global entertainment company that is now for sale with an $8 billion asking price.

Los Angeles County Superior Court Judge Yvette Palazuelos, in her ruling rejecting AEG Live's request to have the case thrown out, said she agreed that the Jackson lawyers provided evidence that AEG Live didn't do "a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt."

Jackson's previous relationship with Murray, who treated him and his children for minor illnesses in Las Vegas, did not relieve AEG Live of liability, "although the fact may be relevant in determining proportional liability and damages," she said.

While the AEG Live lawyers argued the company could not have foreseen that Murray might use dangerous drugs on Jackson in preparation for the tour, Palazuelos said there was evidence that Gongaware had "previous tour experiences" with Jackson in which "tour doctors" gave "large amounts of drugs/controlled substances to him." Gongaware testified in Murray's trial that he worked as tour manager for Jackson's "Dangerous" and "History" tours before joining AEG Live.

The judge cited "Gongaware's general knowledge of the ethical issues surrounding 'tour doctors' and the practice of administering drugs to performing artists."

"There is a triable issue of fact as to whether it was foreseeable that such a physician under strong financial pressure may compromise his Hippocratic Oath and do what was known by AEG Live's executives to be an unfortunate practice in the entertainment industry for financial gain," the judge wrote.

http://www.cnn.com/2013/03/03/showbiz/michael-jackson-death-suit/index.html

The vindicate part sounds just like something straight out of Randy’s mouth.

 

[ivy]

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

Ivy ?@Ivy_4MJ
I would personally wait to see the documents before I comment on KJ versus AEG. That said I'm pretty sure KJ's lawyers are Duke's source.

I haven't seen anything to suggest the emails were unsealed and it's too early for a witness list IMO.

Judge has already ruled out long before trying to make sure that a person to show up to work / rehearsal is not illegal.

Given that claim now is limited to negligent hiring and the rest is removed, I don't see the possibility of billion dollar verdict

I will check if the documents are posted next week, if they are I will get them and post them. Currently I'm skeptical about Duke's version

Duke's piece still fails to mention the dismissed claims and dismissed defendants.

FYI: Anthony McCartney ?One challenge is that the pleadings have been sealed, and the order issued isn't the full text of the judge's ruling

then you have Duke saying the judge unsealed the documents. I'm skeptical about this claim. We all know leaks happened before from KJ camp.

Hopefully we could learn more next week ourselves, without relying on the media.

 

[marebear]

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

In a case like this what would a jury have to consider? I find it confusing. AEG says they didn't hire Murray but there is an email that they say they are paying Murray not Michael. But then there was no contract signed.

I have to say that I don't like their emails about Michael. The tone and it's like they are saying they own him or something. Jacksons act they own Michael too.