Judge leans toward letting Jackson suit continue
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MJ's L.O.V.E. Is Magical :: II. Michael Jackson & Law (Criminal & Civil Legal Cases/Lawsuits) :: MJ Lawsuits & Civil Litigations-Entire AEG Case-News/Updates
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Judge leans toward letting Jackson suit continue
by Admin Tue Feb 26, 2013 7:07 pm
Judge leans toward letting Jackson suit continue
Associated Press Anthony McCartney
2/25/13
A jury should decide whether the promoter of Michael Jackson's final concerts negligently hired and supervised the physician convicted of causing the singer's death, a judge tentatively ruled Monday.
If the ruling stands, it will allow the case by Jackson's mother, Katherine, to go forward and present the theory that concert giant AEG Live controlled the physician who gave the superstar a lethal dose of the anesthetic propofol.
Superior Court Judge Yvette Palazuelos' tentative ruling however eliminates some of Katherine Jackson's claims and an attorney for AEG predicted the company would win at trial.
It is unclear when the ruling will be finalized, or whether the judge will change it. She heard two hours of arguments about the case on Monday but didn't indicate whether her mind had been changed.
AEG attorney Marvin Putnam said he was pleased with the ruling and reiterated his belief that the case should have never been filed.
The case centers on whether AEG did an appropriate investigation of Conrad Murray, a former cardiologist who is serving his sentence after being convicted of the involuntary manslaughter of the pop singer. The case also involves whether AEG controlled him while Jackson prepared for a series of comeback concerts.
Katherine Jackson's attorney, Kevin Boyle, declined comment after the hearing, saying he wanted to see the final order.
He told Palazuelos that AEG created a division of loyalties for Murray between his care of Jackson and maintaining an arrangement that would have paid him $150,000 a month to care for the singer.
Jackson died before Murray's contract was signed, and AEG argues he was not an employee of the company.
"AEG just made this more risky for Michael," Boyle argued Monday.
He said the case was unique and it should proceed intact with claims that AEG is liable for Murray's actions. "This has never happened before, or at least no one's been caught," Boyle said.
Putnam argued that by the time it was negotiating Murray's contract to treat Jackson while performing a series of London concerts, the doctor had already been treating the singer for some time, had relocated from Las Vegas to Los Angeles and had ordered large amounts of propofol to help Jackson sleep.
"Sadly, it appears that Michael Jackson's death would have occurred anyway," Putnam said after the hearing.
Katherine Jackson sued in September 2010 and a trial has been scheduled for early April.
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Anthony McCartney can be reached at [You must be registered and logged in to see this link.]
Associated Press Anthony McCartney
2/25/13
A jury should decide whether the promoter of Michael Jackson's final concerts negligently hired and supervised the physician convicted of causing the singer's death, a judge tentatively ruled Monday.
If the ruling stands, it will allow the case by Jackson's mother, Katherine, to go forward and present the theory that concert giant AEG Live controlled the physician who gave the superstar a lethal dose of the anesthetic propofol.
Superior Court Judge Yvette Palazuelos' tentative ruling however eliminates some of Katherine Jackson's claims and an attorney for AEG predicted the company would win at trial.
It is unclear when the ruling will be finalized, or whether the judge will change it. She heard two hours of arguments about the case on Monday but didn't indicate whether her mind had been changed.
AEG attorney Marvin Putnam said he was pleased with the ruling and reiterated his belief that the case should have never been filed.
The case centers on whether AEG did an appropriate investigation of Conrad Murray, a former cardiologist who is serving his sentence after being convicted of the involuntary manslaughter of the pop singer. The case also involves whether AEG controlled him while Jackson prepared for a series of comeback concerts.
Katherine Jackson's attorney, Kevin Boyle, declined comment after the hearing, saying he wanted to see the final order.
He told Palazuelos that AEG created a division of loyalties for Murray between his care of Jackson and maintaining an arrangement that would have paid him $150,000 a month to care for the singer.
Jackson died before Murray's contract was signed, and AEG argues he was not an employee of the company.
"AEG just made this more risky for Michael," Boyle argued Monday.
He said the case was unique and it should proceed intact with claims that AEG is liable for Murray's actions. "This has never happened before, or at least no one's been caught," Boyle said.
Putnam argued that by the time it was negotiating Murray's contract to treat Jackson while performing a series of London concerts, the doctor had already been treating the singer for some time, had relocated from Las Vegas to Los Angeles and had ordered large amounts of propofol to help Jackson sleep.
"Sadly, it appears that Michael Jackson's death would have occurred anyway," Putnam said after the hearing.
Katherine Jackson sued in September 2010 and a trial has been scheduled for early April.
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Anthony McCartney can be reached at [You must be registered and logged in to see this link.]
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Re: Judge leans toward letting Jackson suit continue
by WorldTour Sun Mar 03, 2013 12:54 pm
Katherine Jackson's Lawsuit Against AEG Live Concerning Michael Jackson's Death Going To Trial
By ANTHONY McCARTNEY 03/01/13 08:09 PM ET EST
LOS ANGELES — A judge has dismissed all but one count in a civil lawsuit by Michael Jackson's mother against concert giant AEG Live, which hired a doctor who was convicted of involuntary manslaughter in the singer's death.
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.
AEG Live was promoting a series of comeback concerts by Michael Jackson in London titled "This Is It." Jackson died in June 2009 while in final preparations for the shows after Murray administered a lethal dose of the anesthetic propofol in the singer's bedroom.
Katherine Jackson's attorney Kevin Boyle was not immediately available for comment but argued at a hearing Monday that AEG controlled Murray's actions and failed to properly investigate him before agreeing to pay him to work as the singer's physician.
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.
Jackson died at age 50 before a contract that would have paid Murray $150,000 a month was finalized.
AEG attorney Marvin Putnam has said Murray was not employed by the promoter and he expects the company to win at trial. He said Katherine Jackson's lawyers will be unable to prove that AEG should have foreseen that Murray was a danger to the "Thriller" singer.
A trial is scheduled to begin April 2.
___
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WorldTour: This article is is mainly like the one above but also interesting.
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Join date : 2013-02-17
Re: Judge leans toward letting Jackson suit continue
by WorldTour Mon Mar 04, 2013 5:22 am
Alleged 'smoking gun' e-mail revealed in Michael Jackson death suit
By Alan Duke, CNN
March 4, 2013 -- Updated 0112 GMT (0912 HKT)
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."
Joe Jackson: I see Michael in 'Blanket'
Jackson: Family couldn't get to him
Michael Jackson $1B estate debate
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.
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WorldTour: I found this article in another forum.
By Alan Duke, CNN
March 4, 2013 -- Updated 0112 GMT (0912 HKT)
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."
Joe Jackson: I see Michael in 'Blanket'
Jackson: Family couldn't get to him
Michael Jackson $1B estate debate
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.
[You must be registered and logged in to see this link.]
WorldTour: I found this article in another forum.
WorldTour- Posts : 37
Join date : 2013-02-17
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MJ's L.O.V.E. Is Magical :: II. Michael Jackson & Law (Criminal & Civil Legal Cases/Lawsuits) :: MJ Lawsuits & Civil Litigations-Entire AEG Case-News/Updates
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