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

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

@elusive

I don't know more than you do. It could be the legal name of the complaint and they could be only talking about one part of it - negligent hiring.

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As for any win compensation, yes the kids share would be put into accounts and/or trust. However there will be some differences : most of the time their guardian will be able to manage the accounts / trusts and the kids would get full access at 18 years old.

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@gerryevans all the articles are quoting a jackson source is talking about $500 Million to a $1 Billion. I think Jacksons are aiming or hoping for that high amounts.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

one question: IF katherine/the kids should win this and be rewarded money, will that money go to Michael's kids?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

As for any win compensation, yes the kids share would be put into accounts and/or trust. However there will be some differences : most of the time their guardian will be able to manage the accounts / trusts and the kids would get full access at 18 years old.

No wonder Randy was hell bent over TJ being nominated as kids second guardian, although I'm not sure is it any better option. To me, any Jackson seems to be as bad as other after a while.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

One thing that seems to be missing from all of this is any coordinated statement of "purpose" from the Jacksons, i.e. "justice for our son/brother and for the children's father." The word "justice" is rarely, if ever, spoken by any of them (and the kids certainly don't need the money). And if not that as a motivation, then what? Just raking in the bucks, at the expense of throwing Michael under the bus, yet again? If justice was what the Jacksons truly wanted, then they would have sought restitution from Murray -- as a matter of principle, not just money acquisition -- to prevent his tell-all books that are sure to come. I expect this lawsuit will be as successful as "tribute shows, perfumes, tell-all books, and reality shows," and is a significant waste of everyone's time. . . .

What a win here (unlikely) would do for the Jacksons would be to line KJ's pockets, so she could distribute more to the "cubs," and that's about IT, as a motivation.

As far as the content of the lawsuit as it stands now, it's a long-shot for the Jacksons, that they will see anything from this, at all. The area that seems muddied is, if Murray was employed by Michael, WHY was he reporting back to AEG, at all? There were several leaked emails, some from years ago, and a few currently, where he is discussing his patient with third parties. So what about HIPAA regulations, or perhaps Michael signed away confidentiality -- or more likely, Tohme did that "FOR" him as part of Power of Attorney? Dunno, but medical information about a patient should not be shared without the patient's written consent, under law. So, I've wondered about that.

The other thing involves "a background check" on Murray, and whose responsibility that was? We know from sworn statements during the trial that Murray had at least ONE negative report of "patient abandonment" where he left a post-surgical patient, and could not be reached by phone at all, for far too long. So that is a matter-of-record, as would be any pending claims of failures to pay child-support, impending foreclosure of his home, and so forth. The fact that he was practicing cardiology without board certification is not technically illegal, but also might have raised a red flag or two? So, a good background check probably would have unearthed some of these things. Michael apparently had a personal relationship with Murray, but treating his kids' sniffles is far different from being a primary-care physician of, arguably, the world's most famous person about to embark on a residency that would have been physically demanding. So again, that goes back to the only legal question that seems to be left in this lawsuit -- "who hired Murray?" The answer at present seems to be, "no one," in that he was never paid, and the contract was not signed. Maybe "intention to hire Murray" could be proven circumstantially (i.e. through the content of email exchanges), but that is quite a long-shot. As far as "justice for Michael" is concerned, I don't see any of that coming out of this fiasco.
 
i guess they are talking about adams? as he was gonns be involved but murray gave him the brush off .and u have metzger
Bubs;3786569 said:
"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?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

probably Adams.. Adams is the anesthesiologist. I really wish he would have been there. MJ would still be alive if he was. Murray had no clue what he was doing and he had no clue on how to rescue someone if they went down. He had no clue at all
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

@gerryevans all the articles are quoting a jackson source is talking about $500 Million to a $1 Billion. I think Jacksons are aiming or hoping for that high amounts.

Well, that certainly explains why the brothers are saying he was going to do 50 shows on top of all the O2 concerts.
Surprised they haven't said he was going to do 500 to justify that ridiculous amount.

So since his assests are already benefitting his heirs, they give a high number of shows that he would have personally done to to get to that additional earnings figure.

These folks are just...I don't know...just no words.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

^^

It's not just 50 + 50 concerts. Jermaine in his book mentioned a 4-5 year deal with 3 separate tours and movies and so on. In their papers Katherine also claimed that Murray would be hired for 4 years.
 
Victory22;3786500 said:
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.

Victory! I totally agree.. Katherine is playing dumb and acting like she knows nothing but she was on some of those tour dates with MJ. I am also sure if Janet, Randy and Rebbie were staging interventions like they claim, then she would've known something right? she knew about MJ's past issues with painkillers, and his lupus and vitiligo right, so like you say what was she doing as a mother who depended on her son financially? she knew MJ had bouts of dehydration on tours and other issues so where was her concern for her son? why didn't she know what she claims Gongaware should have known? In 1993 MJ admitted to issues with painkillers did she see if he was still using them? why didn't she walk herself down to Klein's office to find out why her son was going there a lot and coming out looking dazed? my point is Katherine didn't care as long as MJ was bringing in the money and giving her the 70 grand a month
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

why didn't she know what she claims Gongaware should have known?

That's a very good question. I mean, I would have to believe that she had way more access to her child then Gongaware had.

We all know that she had "unannounced" access to Michael. Whenever. Where ever.

I wonder if she ever ran into Murray at Michael's Carolwood crib. It seems as if, just like Mother, Murray came and went as he pleased. Even to the point of bringing his "instrument" over to meet Michael.

Did Mother meet Murray and ever wonder what the heck he was doing hanging out at Michael's crib? Did she ever inquire as to why those oxygen tanks were lined up in the kitchen? Or did she take advice from 2 of the 3 monkeys, i.e. see no evil, hear no evil? One does wonder!
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

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.

Her lawyers will get a big amonut from the big chunk but I don't think Katherine will pay any of the attys fees. Think the estate is doing it.

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...

That'll be the right thing, after all it was just a loan but I don't think the estate will ask for a repayment.

(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

I feel the same way and what bothers me the most is that they say is for justice. If it is about justice why not going after Murray? Preventing him from making any money out of Michael will be justice. That's why sometimes I wonder when they refer about justice if they're talking about Michael, like saying you owe us all your triumphs & left us with nothing, now is our turn to get what we can at your own expense. Sounds crude but Michael's family are cruel.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

As for any win compensation, yes the kids share would be put into accounts and/or trust. However there will be some differences : most of the time their guardian will be able to manage the accounts / trusts and the kids would get full access at 18 years old.

Ivy, do you know if the guardian can withdraw money from the accounts or they will need to get authorization from someone? Also, would their guadian ad litem would have any saying on the accounts?

If they win the case, It'll be nice if the money of the children is secure.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

That's a very good question. I mean, I would have to believe that she had way more access to her child then Gongaware had.

We all know that she had "unannounced" access to Michael. Whenever. Where ever.

I wonder if she ever ran into Murray at Michael's Carolwood crib. It seems as if, just like Mother, Murray came and went as he pleased. Even to the point of bringing his "instrument" over to meet Michael.

Did Mother meet Murray and ever wonder what the heck he was doing hanging out at Michael's crib? Did she ever inquire as to why those oxygen tanks were lined up in the kitchen? Or did she take advice from 2 of the 3 monkeys, i.e. see no evil, hear no evil? One does wonder!


exactly! did Mother ever talk to her grandchildren and ask how was Daddy? and I am sure everyone in that household saw the oxygen tanks because Kai said she saw them but thought it was just something MJ needed:bugeyed Why didn't Katherine talk to Mike Amir or any of the bodyguards?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

murrya ask Michael would he need him after the concerts, and Michael said he would be all right. That's when murrary decided to pump michael full of drugs and record him. I believe to black mail Michael.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

So is all the Arnold Klein stuff and everything that was considered inadmissible in the last trial going to be used in this one?

I'm just wondering how bad this will be for MJ and who will be crawling out of the woodworks to give interviews (ex. Jason Pfeiffer, who had his interview shelved thanks to Klein evidence being inadmissible last time) this time around?
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

exactly! did Mother ever talk to her grandchildren and ask how was Daddy? and I am sure everyone in that household saw the oxygen tanks because Kai said she saw them but thought it was just something MJ needed:bugeyed Why didn't Katherine talk to Mike Amir or any of the bodyguards?

Mother ALSO had the opportunity to question Randy Phillips (face-to-face) when her, Joe and Rowe had that meeting in Beverly Hills. Remember that?

I realize the topic of discussion was finding a way for Rowe and Joe to be involved with the O2 dates and of course Joe's concern regarding which currency Michael would be paid in, but it does seem like if she had any concerns regarding Michael's health, then was the perfect opportunity to bring those issues up.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

So is all the Arnold Klein stuff and everything that was considered inadmissible in the last trial going to be used in this one?

civil trials are a lot more relaxed and general in nature. they do have access to Micheal's medical records dating back to 1984.

before the trial starts I'm sure both sides will try to limit certain topics and testimony but it will still be more wider than the criminal trial.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

@elusive

I don't know more than you do. It could be the legal name of the complaint and they could be only talking about one part of it - negligent hiring.

Agree with elusive, it does seem to be a bit of an anomaly in the wording - there doesn't seem to be any issues in the trial over training and supervision of murray, in fact the judge says specifically there is no evidence of this from aeg in dismissing another count. So it just seems to be negligent hiring and whether aeg should have foreseen that murray would do the type of harm that in fact happened on 25 june, which in the absence of a trail of dead bodies and overdosed patients at the hands of murray in his previous practises looks hard to prove.

@gerryevans all the articles are quoting a jackson source is talking about $500 Million to a $1 Billion. I think Jacksons are aiming or hoping for that high amounts.

I'm confused at the amounts asked for in damages, not sure if damages is set by the judge or jury or both. Every single media report has hammered home that mj was in debt in the years before he died and that now his estate is making record amounts of $$. Even joe said i think, mj is worth more dead than alive. So how mrs j's lawyers are going to show mj's beneficiaries as hurting financially since his death is going to be uphill going and not something a jury member is going to be sympathetic about. There is specifically no damages for emotional distress, that was tossed out, so it is all to do with losses arising from mj not being here anymore to work. Yet despite that, for example, he still had the no4 top grossing tour in the world last year.

ivy said:
civil trials are a lot more relaxed and general in nature. they do have access to Micheal's medical records dating back to 1984.
That's the tragic thing - pastor, much to the dismay of the media, kept out alot of the more salacious topics like mj's previous drug use and the financial aspects, from the murray trial. But now, thanks to mrs j, all that is going to be allowed. The media will be delighted, they felt cheated in the murray trial.
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Agree with elusive, it does seem to be a bit of an anomaly in the wording - there doesn't seem to be any issues in the trial over training and supervision of murray, in fact the judge says specifically there is no evidence of this from aeg in dismissing another count. So it just seems to be negligent hiring and whether aeg should have foreseen that murray would do the type of harm that in fact happened on 25 june, which in the absence of a trail of dead bodies and overdosed patients at the hands of murray in his previous practises looks hard to prove.



I'm confused at the amounts asked for in damages, not sure if damages is set by the judge or jury or both. Every single media report has mj in debt in the years before he died and that now his estate is making record amounts of $$. Even joe said i think, mj is worth more dead than alive. So how mrs j's lawyers are going to show mj's beneficiaries as hurting financially since his death is going to be uphill going and not something a jury member is going to be sympathetic about.

Good question.



Mother ALSO had the opportunity to question Randy Phillips (face-to-face) when her, Joe and Rowe had that meeting in Beverly Hills. Remember that?

I realize the topic of discussion was finding a way for Rowe and Joe to be involved with the O2 dates and of course Joe's concern regarding which currency Michael would be paid in, but it does seem like if she had any concerns regarding Michael's health, then was the perfect opportunity to bring those issues up.

Don't forget, she was in verge of losing Havenhurst, electricity nor other household bills were not paid.
She, as anyone else around MJ had a reason to want Michael go on tour, with or without brothers.
 
Don't forget, she was in verge of losing Havenhurst, electricity nor other household bills were not paid.
She, as anyone else around MJ had a reason to want Michael go on tour, with or without brothers.


I read somewhere that in California, even after a notice to foreclose is sent (which it wasn't to KJ), the person has years (I think 3) before the property is sold in a foreclosuse auction, so it wasn't as bad as it appeared as far as immanent loss.

I agree though that she wouyld have wanted to get things in order for herself re the Hayvenhurst property. The thing is her situation was somewhat similar to Murrays--the debts--and both did not do what was needed to take care of Michael.

During the CM trial, Michael C. Barnes made this comment :

“Since before this trial began, I have been stressing the fact that the evidence in this case does not support a conclusion that Michael Jackson was addicted. Rather, Jackson suffered from undertreated anxiety, insomnia, and perhaps chronic pain. Any drug-seeking behaviors Jackson displayed were likely the result of desperation for care that would enable him to live a normal life that included the basic human essentials of family time, work, and sleep.”
http://psbar.wordpress.com/2011/10/28/two-michaels-vindicated/
 
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Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Don't forget, she was in verge of losing Havenhurst, electricity nor other household bills were not paid.
She, as anyone else around MJ had a reason to want Michael go on tour, with or without brothers.


I read somewhere that in California, even after a notice to foreclose is sent (which it wasn't to KJ), the person has years (I think 3) before the property is sold in a foreclosuse auction, so it wasn't as bad as it appeared as far as immanent loss.

that's way too long. I would think that after the notice is sent (after 3 to 5 missed payments) the timeline would be 150 days (minimum) to 415 days (maximum).
 
For Michael´s children he was their world,how can you replace that?
It´s impossible.
How many future hugs did they miss?
How many "I love you "didn´t they hear from their dad?
But at least the family they live with now could show respect for their father.
 
Rather, Jackson suffered from undertreated anxiety, insomnia, and perhaps chronic pain. Any drug-seeking behaviors Jackson displayed were likely the result of desperation for care that would enable him to live a normal life that included the basic human essentials of family time, work, and sleep.”

Yep this was the issue.. it had nothing to do with drug addiction, Mike needed help, was stressed and scared of returning to the stage. He actually should have seen a sleep specialist and a psychologist for his anxiety and stress but it doesn't appear he ever did. He saw medical doctors who didn't care about the underlying issues instead chose to drug him with pills and anesthesia
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Yep this was the issue.. it had nothing to do with drug addiction, Mike needed help, was stressed and scared of returning to the stage. He actually should have seen a sleep specialist and a psychologist for his anxiety and stress but it doesn't appear he ever did.

I wonder if AEG even knew that Michael suffered from insomnia?

Especially when you had Murray going around telling folks that Michael was fine, and that folks should mind their business.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

I wonder if AEG even knew that Michael suffered from insomnia?

Especially when you had Murray going around telling folks that Michael was fine, and that folks should mind their business.

if they didn't know a lot of other folks did.. People have been saying for years that MJ would call them at early morning hours because he couldn't sleep. He would call folks like at 2:00 or 3 in the morning to chat. I heard about that since the 1980's.. He obviously has had this issue for a long time and unfortunately it doesn't appear that he's ever gotten professional help for it. Katherine knows it too, she just didn't care.
 
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Big Apple2;3786732 said:
I wonder if AEG even knew that Michael suffered from insomnia?

Especially when you had Murray going around telling folks that Michael was fine, and that folks should mind their business.

Kenny Ortega talked about that Michael had sleepless nights.
But isn´t that naturally that you can´t sleep when you create a show?
I think several other persons working with the show had sleepless nights know and then and didn´t sleep much the other mights.
They didn´t know that Michael´s problems was much worse than that.
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

Ivy please correct me if I am wrong...my memory is not everything it should be right now. But in Michael's contract with AEG was it stated that AEG gave Michael advances on what he would earn and that is why they paid for his housing and food and Murray's fee..and that Michael would pay them back when he did the concerts? Even though Michael never signed the contract that was sitting on Murray's front seat...I thought this was all written in the contract that we have all read about 10000 times....The AEG contract. Thank you

EDITED TO ADD.....upon doing research I think I answered my own question...the contract on the front seat of Murray's car was unsigned...hence the reason for this lawsuit...to prove WHO was to be responsible for paying Murray and WHO actually hired him...Michael or AEG. Sorry.as I said.my brain isn't what it should be right now :(
 
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Anthony McCartney ‏@mccartneyAP
For folks interested in the Katherine Jackson versus AEG case, judge's rulings have been released. I'm about to post links (cont)

Anthony McCartney ‏@mccartneyAP
... I don’t normally post documents, but these have generated lots of interest and they may answer some questions.

Anthony McCartney ‏@mccartneyAP
Judge issued 2 rulings: one regarding AEG Live, allowing case to go to trial. The other eliminated Anschutz Entertainment Group from case.

Anthony McCartney ‏@mccartneyAP
Here's link to Katherine Jackson vs. AEG Live ruling: http://dl.dropbox.com/u/44590376/K Jackson vs AEG Live summary judgment ruling.pdf …

Anthony McCartney ‏@mccartneyAP
Link to the ruling in Katherine Jackson vs Anschutz Entertainment Group: http://dl.dropbox.com/u/44590376/K ...ertainment group summary judgment ruling .pdf …

Anthony McCartney ‏@mccartneyAP
As for underlying documents related to the Jackson vs AEG summary judgment motions, redacted versions are still sealed.

Anthony McCartney ‏@mccartneyAP
There's been a new motion to keep them sealed until a later court hearing. Looks like it's set for July.

Trial date hasn't moved from April. The motion to seal documents related to summary judgment won't be heard until July.

Attorneys can argue to use exhibits on case-by-case basis at trial. Motions leading up to this ruling Won't be available until after trial, it looks like.
 
MIST;3786744 said:
Kenny Ortega talked about that Michael had sleepless nights.
But isn´t that naturally that you can´t sleep when you create a show?
.

Alot of preformers sometimes cant sleep after doing a show cuz they are on such a high from the show its hard for them to get to sleep cuz its all they think bout. Michael spoke bout that in the private home movies special
 
Re: AEG files their summary judgment motion asking to dismiss Katherine Jackson lawsuit

murrya ask Michael would he need him after the concerts, and Michael said he would be all right. That's when murrary decided to pump michael full of drugs and record him. I believe to black mail Michael.


Yep! i reckon your're right bout that
 
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