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

[marebear]

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

I hate how they will all make Michael look in this trial. Like never care for his dignity. Never care for what his children will have to see or hear.

 

[bluetopez]

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

AEG was in no position to save Michael Jackson from his longtime battle with addiction.

Hmm thinking out loud here. But, That statement is goin to possibly bite them in the ass. Saying "longtime addiction" means they believe MJ had issues way before they started to work with him, no? So should they be surprised their being sued then? They like us knew of the 93 rehab stay and about those other drug rumors like him getting Propofol on the HIStory tour? So could that be the main reason why they wanted MJ to pay for production cost, to make sure they don't get screwed over just in case he couldn't all of a sudden tour after all. Or is this usually done in tours? Also I don't think it has to be shown that they knew that MJ was exactly taken Propofol, but something. And didn't do much to find out what or to stop it. More like KO did. Which I think is what the Jacksons are talking about. So I hope there is no settlement here. Let the Jury decide or this will NEVER end.

Also MJ medical records are goin to be used, would that include his autopsy report? Showing he had a healthy liver. Showing he wasn't a drug addict after all. But, someone who had addiction or dependency issues in the past at best. They can also show the list of medicines he still had left showing he didn't finish them.

Also I know MJ rep as always will take a beating but, nothin was and will never be as bad as those Child molestation allegations. Yet, he still survived that. He will this too, his legacy.

 

[Aquarius]

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

I hate how they will all make Michael look in this trial. Like never care for his dignity. Never care for what his children will have to see or hear.

They still don't care. Katherine doesn't need money, Michael made sure she is well taken care for the rest of her life & this is how she pays him back. Her own mother will allow her lawyers to trash her son. I don't know if she understands what she's doing. Doesn't she realize that she together with her other children look like scavengers. Seems to me like an badly injured man is on the ground and Katherine & her children are looking into their clothes to see what they can take from him. It's really sad, especially coming from his mother.

Let's hope the jury have some sense & realize that there was no way that AEG could foretell Murray could cause any harm to Michael.

 

[ivy]

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

Also Can someone post all the charges Jacksons brought to the table and bold the one that remains.

Claims

1. Breach of contract - dismissed at Summary Judgment Feb 27 2013
2. Negligent hiring, training, supervision
3. Negligent infliction of emotional distress - dismissed at Demurrer Feb 2 2011
4. Fraud and constructive fraud - dismissed at Demurrer Feb 2 2011
5. Respondeat superior - dismissed at Summary Judgment Feb 27 2013

Defendants

AEG Inc. - dismissed at Summary Judgment Feb 27 2013
Tim Leiweke - dismissed at Summary Judgment Feb 27 2013
AEG Live
AEG Live Productions
Paul Gongaware
Randy Phillips
Ortega - dismissed April 2011

 

[Aquarius]

But a source close to the Jackson’s contended that the famous family – who are seeking a financial sum equal to the money Jackson would have earned in his future years if not for his premature death – remain confident that they will receive some form of monetary compensation as the case heads to trial.

That statement doesn't make sense to me. Just because Michael was to earn millions doesn't mean that Katherine was going to get that money. She is not suffering from lack of money. If she had a big debt with the moonies while Michael was alive & he didn't pay it, how can Michael not making millions in those tours can affect her. I understand if there was a wife seeking that sum under those basis, but if it is the mother.

I really don't understand, hope someone can explain it to me because it just seems to me that Katherine thinks what Michael would had earned it would have gone into her pockets & that she's losing that money.

 

[Justthefacts]

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

Now we all can see the sickness in the Jackson family. That line about hoping for a half a billion dollar settlement if true shows me now that the Jacksons are just horrible people. They are willing to dig Michael up and spit and his face just for money. Does anyone know what makes the Jacksons any different from the Chandlers are the Arvizos? Not much

 

[qbee]

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

Claims

1. Breach of contract - dismissed at Summary Judgment Feb 27 2013
2. Negligent hiring, training, supervision
3. Negligent infliction of emotional distress - dismissed at Demurrer Feb 2 2011
4. Fraud and constructive fraud - dismissed at Demurrer Feb 2 2011
5. Respondeat superior - dismissed at Summary Judgment Feb 27 2013

Defendants

AEG Inc. - dismissed at Summary Judgment Feb 27 2013
Tim Leiweke - dismissed at Summary Judgment Feb 27 2013
AEG Live
AEG Live Productions
Paul Gongaware
Randy Phillips
Ortega - dismissed April 2011

2. Negligent hiring, training, supervision

Thank you Ivy - so #2 is the only claim that can be filed against them.
not any conspiracy, fraud or direct involvement in Michael's death.
More or less Just a lack of judgment in hiring Murray and lack of supervision.

Is it all worth it for that .. to throw MJ under the bus once again. I don't see any justice
being served here, just monetary gain.

 

[qbee]

But a source close to the Jackson’s contended that the famous family – who are seeking a financial sum equal to the money Jackson would have earned in his future years if not for his premature death – remain confident that they will receive some form of monetary compensation as the case heads to trial.

That statement doesn't make sense to me. Just because Michael was to earn millions doesn't mean that Katherine was going to get that money. She is not suffering from lack of money. If she had a big debt with the moonies while Michael was alive & he didn't pay it, how can Michael not making millions in those tours can affect her. I understand if there was a wife seeking that sum under those basis, but if it is the mother.

I really don't understand, hope someone can explain it to me because it just seems to me that Katherine thinks what Michael would had earned it would have gone into her pockets & that she's losing that money.

Michael did support his mother but the children are listed as also suing AEG and they would have directly benefited from his earnings and be effected by the loss of earnings. That why they were added to the case.

 

[jamba]

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

Now we all can see the sickness in the Jackson family. That line about hoping for a half a billion dollar settlement if true shows me now that the Jacksons are just horrible people. They are willing to dig Michael up and spit and his face just for money. Does anyone know what makes the Jacksons any different from the Chandlers are the Arvizos? Not much

It's very sad but think about LaToya's Tel Aviv statements and she did that right when he was facing the Chandler accusations. I don't know how he continued the lip service to them as he did all those years about having a loving family. We have seen form the 'granny napping' how KJ is easily manipulated to the point she sits playing cards when Michael's kids are frantically trying to reach her. That whole bs about her TV not working, no phone in her room working, asking them to fix it, etc, never should have been accepted by the judge and she should never have gotten the Guardianship back. Sorry to say this but I am so disappointed in her, LaToya using the kids to make $$$, and all the family actions since Michael's death and they had the nerve to say he was a superstar to you but to us he was family. I know the family has a lot of supporters but I am not one. And just as Michael was put in a bind of having to see through them and yet having to support them--will the same thing happen to the kids?--this is the only family they have now.

 

[8701girl]

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

Really? It makes a lot of sense. Being in debt, our so-called doctor was too afraid to lose his golden job and let somebody else to "keep Michael alive". Michael health became secondary to "get him ready for rehearsals". He was pushes to get Michael to the rehearsals and took chances. We all know how it ended.
That's said, I still don't see how this makes AEG legally liable, how they could possible foresee this outcome.

Yeh but he lost his job anyhow cuz michael didnt survive so it was stupid of murray to be so reckless

 

[ivy]

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

From Judge's final order about AEG Live, AEG Live Productions, Gongaware, Phillips

Summary first, documents below

Claim 1 Breach of Contract

a. Special Relationship

Karherine argue AEG and MJ had a special relationship because AEG controlled all aspects of MJ's life including medical care, advisers, finances and financial future. However Katherine was not able to cite anything to back this up.

Also Katherine was unable to show that AEG had complete control over Michael's medical care as Katherine herself admitted that Michael saw other doctors even one week before his death.

So the court rules there's no special relationship between AEG and Murray.

b. Negligent undertaking

Katherine claims AEG had two undertakings : undertake Michael's medical care and provide an assistant to Murray.

For the first one judge says Katherine could not provide any case law or prove it. And as Michael was seeing other doctors, judge rule that AEG did not undertake Michael's medical care.

Judge rejects the undertaking for medical assistant as Katherine could not show it was asked for Los Angeles, Katie Jorrie testified the assistant was for London and the contract said Murray would choose the assistant - not AEG.

c. Simple Negligence

Katherine claims that AEG created a risk of harm to Michael.

Judge says financial interactions do not create a duty. Judge also states given Michael's status (greatest entertainer with experience) exerting strong financial pressures is alone insufficient to create an undue risk of harm.

Therefore Judge dismisses Claim 1 Breach of Contract

Claim 2 - Negligent Hiring, Supervision and Training

AEG argues they did not hire Murray and could not foresee the risks Murray posed.

Judge states there are triable issues.

Judge states that even though the contract was not signed, a jury must decide if Murray and AEG had a oral or implied in fact contract. Communications, Murray's expenses being budgeted and so on is listed as evidence. Judge makes a note that Michael retaining services of Murray before AEG hired him could be a factor in determining proportional damages and liability.

AEG had argued that Murray was a licensed doctor and was not disciplined and Katherine argued they should have done a more detailed background check. Judge thinks this is a triable issue given that Gongaware had experience and knowledge about "tour doctors" and Michael's previous tours and "tour doctors".

Judge also thinks whether Murray's debt could have been a reason to foresee if such doctor under strong financial pressure may compromise his oath. This is another triable issue.

Therefore this claim will go to trial.

Claim 5 Respondeat Superior

Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors.

Katherine claims that AEG hired Murray in part to ensure that Michael attended rehearsals. Judge says even this claim might be true, there's no evidence that AEG had any control over how Murray did that.

Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor.

Therefore judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.

As Katherine fails to show any evidence that AEG had any control over how (manner or means) Murray did his job, judge dismisses the respondeat superior claim.

http://www.scribd.com/doc/128772581/AEG-Live-Final-Order-2-27-2013

[scribd]128772581[/scribd]

 

[Aquarius]

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

Qbee, I understand Michael supported his mother & his children. What I don't understand if the amount, That's why I said "it doesn't mean she was going to get that money" meaning just because Michael makes $500mil doesn't mean Katherine was going to get the $500mil. Maybe a percentage of his earning would have made more sense to me. But then again, it's just what I think. If they win the case, hope the money is divided in 4 equal parts in that way the kids end up with the bigger bulk.

 

[ivy]

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

The final order about AEG Inc and Tim Leiweke. As the judge has dismissed all the claims against them, I will not do doing summaries. However I will post the documents for reference to interested parties.

http://www.scribd.com/doc/128773438/AEG-Inc-Final-Order-2-27-2013

[scribd]128773438[/scribd]

Judge's final order about sealing certain documents

http://www.scribd.com/doc/128773847/AEG-Order-Motion-to-Seal-2-27-2013

[scribd]128773847[/scribd]

 

[Justthefacts]

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

And where I ask is the outrage at Conrad Murray? You know the guy that killed Michael remember him?

 

[justnat]

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

Yeh but he lost his job anyhow cuz michael didnt survive so it was stupid of murray to be so reckless

Yes, it was stupid. Who said the Murray is smart?

 

[Petrarose]

"I am pleased the Court dismissed AEG and Leiweke outright, and dismissed all but one of the remaining claims against the remaining defendants," said Marvin Putnam, a partner at O'Melveny & Myers in Los Angeles who represents the AEG defendants. "Michael Jackson’s death was a tragedy, but as Friday’s ruling and commonsense make clear, AEG was in no position to save Michael Jackson from his longtime battle with addiction."

-------

AEG is playing right into KJ's attorneys hands with this longtime battle with addiction stuff. Her lawyers are saying AEG knew MJ had a problem, and had to know when they demanded CM to get him to rehearsals or he'd lose his hefty salary, he'd resort to indulging him by excessively drugging him.

Instead, AEG should be stressing on CM, talk about the positive impression he made on them when they finally met, even bring up CM's trial, and how wonderful his patients attested him to be. AEG could say they thought he was wonderful too. They didn't know he had been in financial straits, but if they had known, they could spin they would have understood why, because he was operating mainly in low income areas, and devoted himself to the less fortunate. He came across as a truly honorable man to them.

How could they have ever imagined how unethical he truly was, or that he had apparently been stockpiling propofol for months BEFORE they even met. How could they possibly be expected to know his true character. MJ had known him for years and didn't know it. After only a couple of meetings with him, how could AEG know he was the exact opposite of what he appeared to be.

The blame should ALL be laid at CM's feet, not on MJ.

I agree. Something I notice is that AEG is blaming the victim here, and a jury is not going to like that. By them stating that they couldn't save Michael from his addictions, they are acting as though they knew Michael was an addict, so they are playing right into Katherine's hands. If AEG's lawyers keep acting so foolishly they will lose this case. They are forgetting that a potential jury is reading their comments as we are.

Here we have AEG acting as though addiction killed Michael rather than stressing that Muarry's reckless behavior killed Michael & they had no knowledge of what was going on.

That Fox article above has opinions as though they are facts. I am getting so sick of the family's push for a settlement, in the same way they wanted a settlement form Branca with that summer letter.

 

[Victory22]

We know that Anthony Jackson and other Jackson family members also toured with Michael as paid staff. They certainly should have known about drugs Michael was given by doctors to put him to sleep after shows. Mother actually expects us to believe she never saw or heard any of this from family? Did she inquire to make sure Murray was a good doctor and would guard her son’s life and his health? Surly she of all people had more knowledge of Michael’s past practices (sleep related) while on tour than Paul Gongaware. Shouldn’t she have taken all possible precautions to protect Michael and her grandchildren from potential harm? Maybe PP&B should sue her.

 

[Petrarose]

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

Right now I just want April to come quickly, because I have no respect for the defendants or the plaintiffs.

Does anyone remember that before the trial we were discussing that Muarry could not have been giving Michael prof night after night, in this reckless fashion for a long time? He ordered prof in April, but do we have any documents showing when he began administering it to Michael? Also, did the talks with AEG occur before Muarry bought prof?

It seems to me that the reason the judge gave for dismissing one of the counts, is in contradiction to the reason she gives for keeping the negligent hiring one. This is confusing to me.

 

[shelly_webster]

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

"It seems to me that the reason the judge gave for dismissing one of the counts, is in contradiction to the reason she gives for keeping the negligent hiring one. This is confusing to me."

Maybe it's because he was an independant contractor not an employee.

 

[Severus Snape]

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

Right now I just want April to come quickly, because I have no respect for the defendants or the plaintiffs.

+1

Agreed.

 

[Bubs]

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

well honestly I don't blame AEG but I do think with MJ's history and him being away from touring for years that AEG should've inquired what exactly Murray was treating MJ for that needed a salary of $150,000 per month. If MJ was so healthy according to the doctor who gave him his physical why was a doctor even needed

How do you know they didn't ask MJ why doctor was needed?
Also, don't forget what PG said in CM trial:
"PG says a personal doctor for tour is normal but the $5 million was high in his opinion."

Also, what reason he has to ask why MJ needed a doctor on tour, if Gonga was with MJ during History and Dangerous tour and saw doc there?

It is not like AEG knew CM car was parked @ Carolwood night after night.

 

[elusive moonwalker]

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

Diprivan wad bought in april murray talks with aeg were may.

what i dint get is the charge of negligent hiring AND supervision ,training. we can see the argument over who hired murray yet in other rulings the judge said aeg did not control mjs life his medical treatment and had no control over basically what murray did. so why is supervision and training still included. or is it not included and thats judt the claim as it was written and the judge had ruled only negligent hiring stands

help me out here ivy!!

 

[elusive moonwalker]

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

Why wouldnt mj have a dr. he still needed treatment for his vit/lupus arthritus and it was known mj was always dehydrated on tour. as gongaware said it was totally the norm for artists to have a dr with them

im intrested in gongawares testimony. he can easily denie any knowledge say he never went in mjs room etc. its an easy thing to denie considering how reaching the accusation is.

the only history mj had was with painkillers yet they had nothing to do what happened so even if aeg were suspicious they would have been barking up the wrong tree totally

 

[LastTear]

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

"It seems to me that the reason the judge gave for dismissing one of the counts, is in contradiction to the reason she gives for keeping the negligent hiring one. This is confusing to me."

Maybe it's because he was an independant contractor not an employee.

Diprivan wad bought in april murray talks with aeg were may.

what i dint get is the charge of negligent hiring AND supervision ,training. we can see the argument over who hired murray yet in other rulings the judge said aeg did not control mjs life his medical treatment and had no control over basically what murray did. so why is supervision and training still included. or is it not included and thats judt the claim as it was written and the judge had ruled only negligent hiring stands

help me out here ivy!!

This is my question as well.

 

[Justthefacts]

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

So it is four thirty in the morning here and I just dreamed of Michael. I have not done that in years. I dreamed Michael had died all over again and this time at his funeral there were cameras all over the place and their was Michael laying there dressed like a show man. Hair flowing dressed in a stage outfit on display. Cameras going off and the Jacksons posing with his body having there pictures taken all smiles it was horrible. It does feel like he died again and he is on display

 

[Bubs]

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

^^Soon enough it will become reality.

And where I ask is the outrage at Conrad Murray? You know the guy that killed Michael remember him?

There isn't any outcry at CM, he has no money.
Simple as that.

 

[Bubs]

"At oral argument, the parties pointed out that other “tour doctors” were considered before they settled on CM, but that one or both parties rejected the other physicians or the other physicians refused to be Decedent's “tour doctor”."

I did not know that!
So there still are doctors that weren't ready to sell their Hippocratic Oath for money, if there were other physicians that refused to go on tour with MJ?

 

[Bubs]

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

Why wouldnt mj have a dr. he still needed treatment for his vit/lupus arthritus and it was known mj was always dehydrated on tour. as gongaware said it was totally the norm for artists to have a dr with them

im intrested in gongawares testimony. he can easily denie any knowledge say he never went in mjs room etc. its an easy thing to denie considering how reaching the accusation is.

the only history mj had was with painkillers yet they had nothing to do what happened so even if aeg were suspicious they would have been barking up the wrong tree totally

About that dehydration thing. The fastest way to recover from it is IV ( I think), and I suppose only doctors can or nurses can do the job, so doctor on tour should be normal. I was looking Michael previous tours and during Dangerous tour he cancelled many of them due the dehydration.

http://news.google.com/newspapers?n...GhsOAAAAIBAJ&sjid=kn0DAAAAIBAJ&pg=6549,879229
According to that article, Michael collapsed due to hydration, and was treated with IV fluids and oxygen, before taking him to hospital. There must have been doctor to give IV fluids to MJ.

 

[gerryevans]

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

I imagine aeg's lawyers know exactly what they're doing. The judge has already thrown out the claim that aeg should have had a duty of care towards mj because of their 'special relationship' with him. There is no legal requirement that they as concert promotors should have saved mj from himself.

there's also the question of amount of liability. It's obvious that AEG will use Michael's "drug addiction" and his 3 year relationship with Murray to point out that (as they did before) this would have happened whether AEG was promoting a concert or not.

Yeah, I guess they do know what they're doing. They're going to paint MJ as this raging drug addict whose life was always at risk because of his abuse, no matter who would have treated him.

This would further help any monetary award because since MJ was a drug addict, and it was only a matter of time before his abuse killed him, he'd never have been able to earn the kind of future earnings KJ is seeking. He'd be dead sooner or later.

MJ can't ever get a break, even in death.

 

[gerryevans]

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

what i dint get is the charge of negligent hiring AND supervision ,training. we can see the argument over who hired murray yet in other rulings the judge said aeg did not control mjs life his medical treatment and had no control over basically what murray did. so why is supervision and training still included. or is it not included and thats judt the claim as it was written and the judge had ruled only negligent hiring stands

This confused me, too. Plus when do laymen supervise and train doctors?

If they win the case, hope the money is divided in 4 equal parts in that way the kids end up with the bigger bulk.

Aquarius....you just gave me a pinpoint of light in a very big dark cloud. Because anything won in the case WOULD have to be split four ways. Thanks for the reminder. Katherine's cubs wouldn't get the massive windfall they're hoping for. PPB's attorney would make sure three fourths of it would go to them and probably put into some kind of new trust. Plus with all these lawyers, with contingeny fees of a minimum of a third, and expenses that will amount to probably as much, the sum would be wonderfully knocked down substantially.

So if by some wierd twist of fate, a misguided jury gives them a win on the case, and awards a ridiculous $100,000,000 (a thought that physically makes me ill).

But if that happened, a half of that 100 would immediately go to the attorneys in contingency fees and expenses.

That leaves $50,000,000. That would have to be divided by 4 for KJ and PPB, leaving Katherine with 12,500,000 for herself. Yeah, that is a lot of money, but with all the Jacksons, that wouldn't last long.


ETA: Just had another thought. The estate "loaned" Katherine monies to pay off her moonies suit or something. I forget the figure, but think it was $3 to $6 milliion. I'm sure they did it with the plan to write the loan off eventually as a loss, but if she gets $12,500,000 from AEG, she might have to actually pay back the loan, so that could knock her award down by another $6 million. (As I write this, I feel sad that my feelings have so changed towards the Jacksons, especially his mom, that I want them to lose on something. I really wish so many of the incidents over these nearly four years with them never happened. But they did, and I don't want any of them to profit more off of MJ's death)