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

[8701girl]

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

I d like to know who received this email & when.....all this sounds way too fishy

 

[jamba]

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

Seems like Paul Gongaware is pivotal to this case b/c he's the only one who they can argue knew that CM was giving Mike heavy drugs and specifically propofol. The objection here is that this was before the tour started, not actually on the tour, as was the case (I believe) with Dangerous and HIStory. How would Gongaware have been expected to know that MJ was using drugs before the tour started? Also what drugs were used in the other tours and did he have knowledge? He can say he didn't know and how can they prove he did? Without bringing this in, how do they have a case?

The other point is even if they can prove Gongaware knew--can they prove the rest of AEG knew about drug use on the other tours.

What a mess. At least now we know they dream of BILLIONS of $$$$!!! That is why this whole case was filed.

Poor Prince. I hope Paris is not dragged in too.

 

[jamba]

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

I d like to know who received this email & when.....all this sounds way too fishy

I think these emails are not new and were already released before--they sound familiar to me--they were in response to KO's email re getting Mike to a psychotherapist.

 

[8701girl]

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

Poor Prince. I hope Paris is not dragged in too.

Considering this case is katherine, PPB Vs AEG prince & paris probably be dragged into this

 

[8701girl]

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

I think these emails are not new and were already released before--they sound familiar to me--they were in response to KO's email re getting Mike to a psychotherapist.

KO???????

 

[Kingofpop4ever3000]

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

Personally, I don't think AEG could have known what was really going on. And unless Katherine can prove that Gongaware went to the bosses at AEG and had a discussion with them about the Propofol before Michael died, then I don't see how AEG knew anything that could make them liable for what happened to Michael.

 

[Ashtanga]

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

KO???????

Kenny Ortega.

 

[ivy]

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

Well yes Gongaware was involved in 2 tours but I believe his testimony was, he wasn't around Michael all the time.

I want to remind Frank Cascio's book. He said he saw doctors around but as a lay person he wasn't aware of what they were giving or doing. So even if Gongaware saw doctors it doesn't necessarily mean he knew about Propofol.

Also think about Neil Ratner who was widely reported to give Michael Propofol or similar stuff. And nothing happened to Michael. During Murray trial we have heard from experts such as Dr. Shafer again and again Propofol is a safe drug when given properly. So even if someone knew about Propofol I don't think anyone would have the reason to think that it would be dangerous. How would they know that Murray wasn't giving it properly?

Finally if Murray's debt is a factor, didn't he have the all motivation in the world to keep Michael alive and get paid $150,000 a month for up to 4 years (as Jacksons claim) than killing Michael and not getting a dime?

 

[passy001]

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

LOL.

I stopped reading after the smoking gun bit in the title. so, I have not even read the article.

It's too easy to see that Alan Duke is doing the dirty propaganda work for the Jacksons. Let them dream of billions all they want, they will never get it in their lifetime especially by filing frivolous lawsuits.

Their lawsuit has been narrowed to one minor claim which is very contentious by the way. and all evidences so far point to AEG winning the case.

 

[Tygger]

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

I'm glad the trial is going forward. I hope Michael's mom and kids are successful.

 

[ivy]

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

I d like to know who received this email & when.....all this sounds way too fishy

according to the article

June 14 (11 day before Michael's death) From Gongaware to Kenny Ortega

"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."

June 18 (7 days before Michael's death)) Kenny Ortega's email about Michael feeling lost (the email showed at criminal trial)

Same day Phillips replying to Ortega

"This doctor is extremely successful (we check everyone out) and does not need this gig so he is totally unbiased and ethical."

June 23 (2 days before Michael's death) From Timm Woolley to an insurance broker

"Randy Phillips and Dr. Murray are responsible for MJ rehearsal and attendance schedule."

 

[bluetopez]

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

^ Well now..I see why the Judge is allowing this to go forward after all. Those E-mails! So I'll let the Jury decide. Cause neither Plaintiffs or Defendants are worth it. It's just sad all around.

Not talkin about MJ kids though cause I know their named in the lawsuit. It's the other Jacksons that are ready for the hand out.

 

[elusive moonwalker]

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

"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."

that certainly wont help AEG to say the least. the other emails we already know about. although a contract and its wording is far more important than someone shouting off in an email

 

[jrsfan]

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

I'm glad the trial is going forward. I hope Michael's mom and kids are successful.

:flowers:I do too. I have no doubt that Gongaware knows way more- Phillips, Woolley too. And I think AEG should be held liable.

 

[gerryevans]

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

Also think about Neil Ratner who was widely reported to give Michael Propofol or similar stuff. And nothing happened to Michael. During Murray trial we have heard from experts such as Dr. Shafer again and again Propofol is a safe drug when given properly. So even if someone knew about Propofol I don't think anyone would have the reason to think that it would be dangerous. How would they know that Murray wasn't giving it properly?

Finally if Murray's debt is a factor, didn't he have the all motivation in the world to keep Michael alive and get paid $150,000 a month for up to 4 years (as Jacksons claim) than killing Michael and not getting a dime?

Ivy...if only the AEG lawyers are as smart as you are and stress these points.

I hate all this stuff. Can't wait for it to be over. MJ is due to be drag through the mud again, made to appear like a addled brain minor child. And yet Jermaine & Co. treated MJ's actual minor children with the same blatant disregard they're accusing AEG of. They expect a corporation should have looked out for MJ, but they didn't have the common decency to let his children speak to their guardian and ease their fears.

Katherine's attorney is wrong. Nothing will truly vindicate them. Agenda has proven to be too important to them. Like that d@mn concert was too important to Randy Phillips & Co. Not for MJ's sake. But because Phillips didn't want to look like he'd made a mistake in booking MJ when many in the industry were telling him he shouldn't have. This was about ego with him as much as anything else. Getting the great Michael Jackson back on stage. What a major accomplishment. For it to have collasped would have made him look bad to his peers and to his bosses. So no, he and Gongaware didn't care about MJ. We know that. But they are not responsible for MJ's death. Like Ivy said, if there were doctors around MJ on past tours and nothing happened to him, why would anyone think a doctor who actually treated his children, would be doing something dangerous to him?

The only good thing about all of this is Phillips and Gongaware are getting some payback for their disregard and disrepect. It's a shame it's going to be at MJ's expense once again and that the Jacksons might actually get some monies out of it.

 

[Bubs]

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

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.

Very clever, but shameless use of words from Alan Duke. He puts kids names first and then Katherine, like kids are the driving force behind this suit.


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.

They are asking enough that Katherine can support the whole Jackson clan with it.
I wonder who did that estimate, Randy J with calculator?

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.


It is assumption that PG should have known.
Unless Jackson side brings in proof that PG was in Michael's room after shows, watching when docs were putting MJ under during previous concerts, they don't have much. It is common in concert tours that there is oxygen tanks and iv stands hanging around, so if PG saw those things, but Jackson's have to prove propofol use. Like Ivy mentioned, FC was there, but he didn't know what he was seeing.


Also, if we go by their assumption that PG should have known, we can start blaming everyone in the house that they should have known too.

 

[Justthefacts]

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

It was not there job to care about Michael. They were paying Michael millions and he is not showing up to rehearsal they have every right to be upset.

 

[Bubs]

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

"Superior Court Judge Yvette Palazuelos' ruling Thursday means that Katherine Jackson will have a trial on her claim that AEG negligently hired and supervised former cardiologist Conrad Murray. The ruling dismisses claims that AEG could be held liable for Murray's conduct and breached its duty to properly care for the pop superstar."

The above is from AP article as A Duke is not impartial/objective/neutral in his reporting.

Ivy, the bolded part above, does that meant that even if AEG loses the case, Jacksons can only claim money from hiring part, but not for CM killing MJ?

 

[Big Apple2]

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

A "smoking gun" e-mail ties AEG Live to Murray, Jackson attorney says

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.

SMOKING GUN! What smoking gun?

I saw that title and "thought" I was going to see something huge! Like, oh, I don't know, maybe the email in question would include the word "Dipravan" or maybe the word "Propofol." Or a possible sentence wherein AEG is discussing Michael's sleep issues and that Murray should do "whatever was necessary to ensure Michael got some sleep at night." Now THAT in my opinion would have been a smoking gun.

And the fact that Allan Duke is talking about BILLIONS OF DOLLARS is an insult, in my opinion! That fool needs to turn in his "I'm a journalist" card." That article is so one-sided, it's embarrassing!

 

[gerryevans]

It was not there job to care about Michael. They were paying Michael millions and he is not showing up to rehearsal they have every right to be upset.

Katherine’s attorneys’ are going to argue that they didn’t care what Murray was doing either. That as long as he got MJ on the stage, it didn’t matter to them how, and that they might have known he was using unorthodox and dangerous methods, and because of their duress on Murray and his need for cash, they precipitated and are liable for the extreme treatment he used.

 

[Big Apple2]

Katherine’s attorneys’ are going to argue that they didn’t care what Murray was doing either. That as long as he got MJ on the stage, it didn’t matter to them how, and that they might have known he was using unorthodox and dangerous methods, and because of their duress on Murray and his need for cash, they precipitated and are liable for the extreme treatment he used.

That, in my opinion, will be ANOTHER uphill battle for Mother's side of things.

I mean, there is Kenny Ortega's email wherein he expresses his concerns. There's also his testimony regarding the time he approached Murray about Michael's well-being and was told by Murray to "mind his own business." Michael also said, "I know you're worried about me, but I'm fine."

Frank DiLeo also talked to Murray (or left him a phone message) requesting that Murray get Michael's blood tested, to see if Michael was taking anything. Another sign of concern, in my opinion.

Then there was a female AEG attorney who testified that she had some "further" questions regarding the equipment Murray was requesting. She didn't understand why Murray wanted all of that stuff. (Seems to me, if Murray was doing what they wanted, they would have given him whatever he wanted - no questions asked.)

I'm also not sure how that "need for cash" argument is going to fly. "Need For Cash" is a worldwide cry nowadays and not just in America.

 

[elusive moonwalker]

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

Unless gongaware was in mjs hotel room after shows during the history tour when treatment was being given then the argument he should have known because he was involved in the tour is ridiculous. many ppl should be sued if thats the case ppl like karen faye etc. its not like murray was an anethetist either and u could put two and two together.

 

[CherubimII]

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

Yes I'm posting this again. Because it proves what I've been saying: AEG is a big multinational billionaire company made up of people of "unknown" and now I will add "questionable" moral character. Thus, I cannot support them over Katherine Jackson in this matter.

Alleged 'Smoking Gun' E-mail Revealed in Michael Jackson Death Suit By Alan Duke , CNN updated 5:33 AM EST, Mon March 4, 2013

CNN.com

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-deathsuit/index.html
ASIDE:

I predict there will now be settlement talks; because, now, AEG can either pay Katherine Jackson or pay their lawyers. :fencing

 

[Big Apple2]

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

Yes I'm posting this again. Because it proves what I've been saying: AEG is a big multinational billionaire company made up of people of "unknown" and now I will add "questionable" moral character. Thus, I cannot support them over Katherine Jackson in this matter.

Not much of a "smoking gun," in my opinion.

More like Alan Duke TRYING to hype up what the Jacksons found at the bottom of a barrel.

On a side note, I notice that Mother's side likes to use the phrase "SHOULD Have Known."

In a court of law, you need facts and/or evidence. It's not a guessing game as to what a person SHOULD have known. It's basically what they KNEW and/or what they didn't know.

Unless, of course, they will also argue that the majority of AEG employees are MIND READERS.

 

[ivy]

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

It's interesting that some equal money to justice.

 

[loveforever]

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

It was not there job to care about Michael. They were paying Michael millions and he is not showing up to rehearsal they have every right to be upset.

Actually AEG just prepay all the expense with reimbursement, Michael had to pay them back later though AEG share 50/50 of all the money generated from This Is It. All the production cost and Michael's expenses are michael's liability. I found this contract it's quite absurd, well michael had been treated extremely unfair since the 05 trial. Michael's estate had to pay AEG tens of millions dollars ( every penny they spent on Michael and the ill fated concerts) after michael's death at the same time 50/50 share of all the revenue's from This is it.

 

[Big Apple2]

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

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."

I'm not sure how well this bit of information will play out in a court of law.

I mean, we all know that Murray was NEVER paid.

So the answer to the question as to who was paying Murray is - NOBODY WAS PAYING MURRAY. Since Murray was never paid.

And if Murray was doing as AEG instructed, why didn't AEG just pay Murray. Even if the contract was not signed yet, they could have still ADVANCED Murray some money as a sign of Good Faith, i.e. "you're doing as we instructed, so here's a few dollars to hold you over, until your contract is finalized." (Not a big deal. It happens all the time in business.)

 

[Bonnie Blue]

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

Also think about Neil Ratner who was widely reported to give Michael Propofol or similar stuff. And nothing happened to Michael. During Murray trial we have heard from experts such as Dr. Shafer again and again Propofol is a safe drug when given properly. So even if someone knew about Propofol I don't think anyone would have the reason to think that it would be dangerous. How would they know that Murray wasn't giving it properly?

Hang on a bit. Was mj using prop before 09 widely reported?? - i've only read hints of it - there's nothing definite, at least until this trial where unfortunately we might get the whole chapter and verse on mj's prop use. There is zilch evidence to prove aeg executives knew about propofol but if anyone at aeg did know about mj possibly using propofol in the run up to tii - then it would be game over for aeg in this lawsuit. Dr shafer wasn't condoning the use of prolonged use of prop as a sleep aid, just as a drug in a controlled setting for the purposes it was designed for. Every medical professional in that trial, apart from dr white, was aghast at prop being used in a bedroom as a sleep aid - saying it was an accident waiting to happen.

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."

Fabulous. This trial is going to have lots of talk about how mj was drug addicted on his previous tours. Thanks mrs j - and no i'm not blaming randy for this, it's mj's mother and guardian of his children that had the power and means to bring this lawsuit and unleash another sh*tstorm of bad publicity for mj.

 

[gerryevans]

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

Yes I'm posting this again. Because it proves what I've been saying: AEG is a big multinational billionaire company made up of people of "unknown" and now I will add "questionable" moral character. Thus, I cannot support them over Katherine Jackson in this matter.

It would be different if this suit was about JUSTICE, but it's not. If it was, the restitution claim wouldn't have been dropped against Murray, which looks like it was done to get him to be more cooperative in KJ's suit. We also have Jermaine making comments about a black man accused against another black man, as if Murray was some misguided unfortunate soul who was being grossly used by the big bad corporation and whose guilt is more accepted because of his race, instead of someone who gave his brother a lethal drug and then left him to go talk to his many women. How insulting a reference that is to black professionals who too are appalled by his actions. Everybody seems to be appalled but the people who should be because they have an agenda to get big bucks. They minimize Murray's role and make AEG, the estate, and everybody else as this big liabelous "hand" so they can get theirs on big cash.

AEG is unethical, but the Jacksons haven't shown many ethics either, and I don't think they should be awarded anything for what happened on June 25.

 

[Bubs]

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

Fabulous. This trial is going to have lots of talk about how mj was drug addicted on his previous tours. Thanks mrs j - and no i'm not blaming randy for this, it's mj's mother and guardian of his children that had the power and means to bring this lawsuit and unleash another sh*tstorm of bad publicity for mj.

All of MJ's tour will be watched as he was on drugs during all of them.
Yeah, I too thank Katherine for this.