SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
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SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Admin Wed Jan 08, 2014 3:07 pm
NBC article above changed their story now!
Excerpt from the new article:
Correction: Another version of this story incorrectly reported that the Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial. No ruling has been issued.
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This was from earlier:
Michael Jackson's mother won't get new trial
by Maria Elena Fernandez, NBC News
1/8/14
A Los Angeles Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial in her negligence case against concert promoters AEG Live, whom she alleges are financially liable for the 2009 death of her son, pop superstar Michael Jackson.
A jury in October rejected Jackson's claims that AEG Live negligently hired the doctor convicted of giving her son an overdose of anesthetic in 2009.
Jackson sued AEG Live on behalf of herself and her three grandchildren, accusing the concert promoter of hiring Dr. Conrad Murray, who was convicted of involuntary manslaughter in 2011 and released from prison in October.
Jackson testified that AEG Live never told her family that her son was sleep-deprived for 60 days, was paranoid, losing weight and deteriorating before everyone's eyes. Jackson died shortly before his comeback tour in London was scheduled to begin.
Jurors heard more than five months of evidence in the trial. Throughout the case, AEG Live maintained that there was no way executives could have known that Murray was giving Jackson the anesthetic propofol in the bedroom of his rented mansion. Jurors said later that they found Murray was "fit and competent" to be Jackson's doctor but that doesn't mean they thought his actions were ethical.
In their request for a new trial, Jackson's lawyers argued the jury instructions and verdict form were flawed and didn't allow jurors to fully consider evidence in the case. But lawyers for AEG Live told the judge during a two-hour hearing that it was actually Jackson's lawyers who included the disputed language in drafts of the verdict form and instructions.
Los Angeles Superior Court Judge Yvette Palazuelos agreed with the concert promoters. Jackson is expected to appeal her case to the California's 2nd District Court of Appeal.
OLD INCORRECT STORY: [You must be registered and logged in to see this link.]
Excerpt from the new article:
Correction: Another version of this story incorrectly reported that the Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial. No ruling has been issued.
[You must be registered and logged in to see this link.]
This was from earlier:
Michael Jackson's mother won't get new trial
by Maria Elena Fernandez, NBC News
1/8/14
A Los Angeles Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial in her negligence case against concert promoters AEG Live, whom she alleges are financially liable for the 2009 death of her son, pop superstar Michael Jackson.
A jury in October rejected Jackson's claims that AEG Live negligently hired the doctor convicted of giving her son an overdose of anesthetic in 2009.
Jackson sued AEG Live on behalf of herself and her three grandchildren, accusing the concert promoter of hiring Dr. Conrad Murray, who was convicted of involuntary manslaughter in 2011 and released from prison in October.
Jackson testified that AEG Live never told her family that her son was sleep-deprived for 60 days, was paranoid, losing weight and deteriorating before everyone's eyes. Jackson died shortly before his comeback tour in London was scheduled to begin.
Jurors heard more than five months of evidence in the trial. Throughout the case, AEG Live maintained that there was no way executives could have known that Murray was giving Jackson the anesthetic propofol in the bedroom of his rented mansion. Jurors said later that they found Murray was "fit and competent" to be Jackson's doctor but that doesn't mean they thought his actions were ethical.
In their request for a new trial, Jackson's lawyers argued the jury instructions and verdict form were flawed and didn't allow jurors to fully consider evidence in the case. But lawyers for AEG Live told the judge during a two-hour hearing that it was actually Jackson's lawyers who included the disputed language in drafts of the verdict form and instructions.
Los Angeles Superior Court Judge Yvette Palazuelos agreed with the concert promoters. Jackson is expected to appeal her case to the California's 2nd District Court of Appeal.
OLD INCORRECT STORY: [You must be registered and logged in to see this link.]
Last edited by Admin on Tue Jan 14, 2014 7:51 pm; edited 5 times in total
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Admin Wed Jan 08, 2014 3:09 pm
This was totally expected as that judge was always biased against KJ and the kids case. Hopefully she will always be known as the coward she really is.
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Judge denies Michael Jackson wrongful death retrial
by Admin Wed Jan 08, 2014 3:26 pm
Judge denies Michael Jackson wrongful death retrial
By Alan Duke, CNN
January 8, 2014
Los Angeles (CNN) -- The judge who presided over the Michael Jackson wrongful-death trial last year rejected the Jacksons' request for a new trial in an order filed Wednesday.
The six-month-long trial ended in October with a victory for AEG Live, the concert promoter Jackson's mother and children had claimed was liable for his death because it hired, retained or supervised the doctor convicted of involuntary manslaughter in the death.
Lawyers for mother Katherine Jackson argued that the verdict form used by the jury was faulty and that the judge erred by refusing to let them pursue a negligence claim independent of the hiring case.
Their motion for a new trial filed in December included sworn statements from four of the 12 jurors saying they feel cheated by the outcome, which they blame on a misleading verdict form.
Jackson died from an overdose of the surgical anesthetic propofol on June 25, 2009, which Dr. Conrad Murray told police he used to treat the pop icon's insomnia as he prepared for a tour produced by AEG Live.
Conrad Murray completes jail time for killing Michael Jackson
Los Angeles County Judge Yvette Palazuelos ruled that she did not err in her decisions on the verdict form or with the dismissal of the negligence claim.
Jackson lawyers have indicated that they will appeal the jury's verdict.
AEG Live lawyers filed statements from seven other jurors saying they were not confused by the verdict form.
The jurors cited by the Jackson motion used the words "stunned," "upset" and "shocked" when they were told they had to stop deliberations after a majority agreed that the answer was "no" to the second question on the verdict form: "Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?"
One juror called the question "a trap that prevented us from deliberating on the real issues of the case."
"After sitting through almost six months of the trial in this case, I believed that Mrs. Jackson had proven her case against AEG LIve," another juror said. "Despite this fact, I had no way of voting in favor of the plaintiffs because of the way that the verdict form was worded."
Jackson lawyers, in their arguments for a new trial, contended that Palazeulos erred by denying their request to add the words "at any time" to the second question.
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By Alan Duke, CNN
January 8, 2014
Los Angeles (CNN) -- The judge who presided over the Michael Jackson wrongful-death trial last year rejected the Jacksons' request for a new trial in an order filed Wednesday.
The six-month-long trial ended in October with a victory for AEG Live, the concert promoter Jackson's mother and children had claimed was liable for his death because it hired, retained or supervised the doctor convicted of involuntary manslaughter in the death.
Lawyers for mother Katherine Jackson argued that the verdict form used by the jury was faulty and that the judge erred by refusing to let them pursue a negligence claim independent of the hiring case.
Their motion for a new trial filed in December included sworn statements from four of the 12 jurors saying they feel cheated by the outcome, which they blame on a misleading verdict form.
Jackson died from an overdose of the surgical anesthetic propofol on June 25, 2009, which Dr. Conrad Murray told police he used to treat the pop icon's insomnia as he prepared for a tour produced by AEG Live.
Conrad Murray completes jail time for killing Michael Jackson
Los Angeles County Judge Yvette Palazuelos ruled that she did not err in her decisions on the verdict form or with the dismissal of the negligence claim.
Jackson lawyers have indicated that they will appeal the jury's verdict.
AEG Live lawyers filed statements from seven other jurors saying they were not confused by the verdict form.
The jurors cited by the Jackson motion used the words "stunned," "upset" and "shocked" when they were told they had to stop deliberations after a majority agreed that the answer was "no" to the second question on the verdict form: "Was Dr. Conrad Murray unfit or incompetent to perform the work for which he was hired?"
One juror called the question "a trap that prevented us from deliberating on the real issues of the case."
"After sitting through almost six months of the trial in this case, I believed that Mrs. Jackson had proven her case against AEG LIve," another juror said. "Despite this fact, I had no way of voting in favor of the plaintiffs because of the way that the verdict form was worded."
Jackson lawyers, in their arguments for a new trial, contended that Palazeulos erred by denying their request to add the words "at any time" to the second question.
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by WeAreTheWorld. Wed Jan 08, 2014 3:55 pm
No surprise there.
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Admin Wed Jan 08, 2014 4:10 pm
Alan Duke @AlanDukeCNN 25m
Contrary to other reports, judge's denial of Michael Jackson wrongful death retrial is tentative, not final [You must be registered and logged in to see this link.] …
See the changes to Alan Duke's article!
Contrary to other reports, judge's denial of Michael Jackson wrongful death retrial is tentative, not final [You must be registered and logged in to see this link.] …
See the changes to Alan Duke's article!
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Admin Wed Jan 08, 2014 5:00 pm
NBC article above changed their story now!
Excerpt from the new article:
Correction: Another version of this story incorrectly reported that the Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial. No ruling has been issued.
[You must be registered and logged in to see this link.]
Excerpt from the new article:
Correction: Another version of this story incorrectly reported that the Superior Court judge ruled Wednesday that Katherine Jackson will not get a new trial. No ruling has been issued.
[You must be registered and logged in to see this link.]
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Capricious Anomaly Wed Jan 08, 2014 6:32 pm
Thanks for keeping it real admin. Alan was right after all and the others all have to correct their stories. Many haven't corrected this story though on other MJ sites and are running with the lie and bashing KJ as usual (all the "so called" MJ fans)
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More info about last week's motion for a new trial hearing
by Admin Wed Jan 08, 2014 8:40 pm
This article from Encino Patch (CA) has the same incorrect info about the ruling coming back and finalized BUT there is a lot more info regarding the hearing:
By City News Service
Posted by Craig Clough
1/8/14
A judge finalized her ruling that denies Katherine Jackson a new trial of her lawsuit against concert-promoter AEG Live stemming from the 2009 death of her pop superstar son, Michael Jackson.
The decision issued Tuesday by Los Angeles Superior Court Judge Yvette Palazuelos adopts the tentative ruling she issued Friday, when she heard arguments from attorneys and took the case under submission. It also clears the way for Katherine Jackson's lawyers to file an appeal.
In their court papers, Katherine Jackson's attorneys -- citing juror statements -- claimed flaws in jury instructions and in the verdict form establish that a different outcome might have occurred Oct. 2 instead of the verdict in favor of the promoters of the singer's never-realized comeback concerts in London.
"Even if you wanted to find for the plaintiff you really could not," plaintiffs' attorney Deborah Chang told Palazuelos during Friday's hearing.
Four jurors submitted sworn statements on behalf of the plaintiffs.
"After sitting through almost six months of the trial in this case, I believed that Mrs. Jackson had proven her case against AEG Live," one juror stated in an affidavit. "Despite this fact, I had no way of voting in favor of the plaintiffs because of the way that the verdict form was worded."
But the judge struck all juror affidavits submitted by both sides.
Chang said the lawsuit "should have been a negligence case" rather than one that dealt with whether AEG Live appropriately hired, retained and supervised Dr. Conrad Murray as Michael Jackson's personal physician.
However, AEG Live attorneys contended in their court papers that Katherine Jackson's lawyers were raising new issues and that the juror affidavits filed in support of their motion were inadmissible.
"After failing to prove their case during five months of trial, plaintiffs' now attack the jury's unanimous verdict and this court's rulings," AEG Live lawyers stated in their court papers. "While plaintiffs' notice of intent to move for new trial raised every single possible statutory ground available under the Code of Civil Procedure ..., plaintiffs now abandon all (their) arguments except irregularity in the proceedings and error in law."
After nearly 14 hours of deliberations over four days, the six-man, six- woman jury determined that AEG Live did hire Murray as Jackson's doctor, but it answered "no" to question No. 2, which asked if Murray was "unfit or incompetent to perform the work for which he was hired."
With that answer, the jury denied any damages to Katherine Jackson and to Michael Jackson's three children.
Murray, who was convicted of involuntary manslaughter for Jackson's death, has since been released from jail. Jackson died June 25, 2009, at age 50 of acute propofol intoxication.
In documents filed earlier this month, the Jackson lawyers claimed that once the jurors found Murray was competent at the time he was hired, the panel could not go any further and examine his subsequent conduct.
"As given, these instructions and the verdict form were misleading and erroneous in that they did not distinguish between a negligent hiring claim and a negligent retention or supervision claim (what the employer knew or should have known during the course of the relationship)," the Jackson attorneys' stated in their court papers.
By forcing the jury to stop deliberating after they concluded Murray's capabilities were up to par when he was hired, the form never allowed the jurors to consider AEG Live's separate ongoing duties relating to supervision and retention, the Jackson attorneys' court papers stated.
AEG Live attorneys stated in their court papers that Katherine Jackson's lawyers were trying to "muddy the waters" with the four jurors' sworn statements.
The state's Evidence Code "flatly forbids (a judge) from considering juror affidavits that concern the mental processes by which the verdict was determined," the defense attorneys stated in their court papers. "Indeed, the court's consideration of these affidavits would constitute reversible error."
Katherine Jackson, 83, sued in September 2010 on behalf of herself and her son's three children -- Michael Jr., Paris-Michael Katherine and Prince Michael -- claiming that AEG Live hired Murray to be Jackson's personal physician and failed to properly supervise him.
Katherine Jackson and many members of the Jackson family lived for decades lived in Encino, but she currently reside in Calabasas.
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By City News Service
Posted by Craig Clough
1/8/14
A judge finalized her ruling that denies Katherine Jackson a new trial of her lawsuit against concert-promoter AEG Live stemming from the 2009 death of her pop superstar son, Michael Jackson.
The decision issued Tuesday by Los Angeles Superior Court Judge Yvette Palazuelos adopts the tentative ruling she issued Friday, when she heard arguments from attorneys and took the case under submission. It also clears the way for Katherine Jackson's lawyers to file an appeal.
In their court papers, Katherine Jackson's attorneys -- citing juror statements -- claimed flaws in jury instructions and in the verdict form establish that a different outcome might have occurred Oct. 2 instead of the verdict in favor of the promoters of the singer's never-realized comeback concerts in London.
"Even if you wanted to find for the plaintiff you really could not," plaintiffs' attorney Deborah Chang told Palazuelos during Friday's hearing.
Four jurors submitted sworn statements on behalf of the plaintiffs.
"After sitting through almost six months of the trial in this case, I believed that Mrs. Jackson had proven her case against AEG Live," one juror stated in an affidavit. "Despite this fact, I had no way of voting in favor of the plaintiffs because of the way that the verdict form was worded."
But the judge struck all juror affidavits submitted by both sides.
Chang said the lawsuit "should have been a negligence case" rather than one that dealt with whether AEG Live appropriately hired, retained and supervised Dr. Conrad Murray as Michael Jackson's personal physician.
However, AEG Live attorneys contended in their court papers that Katherine Jackson's lawyers were raising new issues and that the juror affidavits filed in support of their motion were inadmissible.
"After failing to prove their case during five months of trial, plaintiffs' now attack the jury's unanimous verdict and this court's rulings," AEG Live lawyers stated in their court papers. "While plaintiffs' notice of intent to move for new trial raised every single possible statutory ground available under the Code of Civil Procedure ..., plaintiffs now abandon all (their) arguments except irregularity in the proceedings and error in law."
After nearly 14 hours of deliberations over four days, the six-man, six- woman jury determined that AEG Live did hire Murray as Jackson's doctor, but it answered "no" to question No. 2, which asked if Murray was "unfit or incompetent to perform the work for which he was hired."
With that answer, the jury denied any damages to Katherine Jackson and to Michael Jackson's three children.
Murray, who was convicted of involuntary manslaughter for Jackson's death, has since been released from jail. Jackson died June 25, 2009, at age 50 of acute propofol intoxication.
In documents filed earlier this month, the Jackson lawyers claimed that once the jurors found Murray was competent at the time he was hired, the panel could not go any further and examine his subsequent conduct.
"As given, these instructions and the verdict form were misleading and erroneous in that they did not distinguish between a negligent hiring claim and a negligent retention or supervision claim (what the employer knew or should have known during the course of the relationship)," the Jackson attorneys' stated in their court papers.
By forcing the jury to stop deliberating after they concluded Murray's capabilities were up to par when he was hired, the form never allowed the jurors to consider AEG Live's separate ongoing duties relating to supervision and retention, the Jackson attorneys' court papers stated.
AEG Live attorneys stated in their court papers that Katherine Jackson's lawyers were trying to "muddy the waters" with the four jurors' sworn statements.
The state's Evidence Code "flatly forbids (a judge) from considering juror affidavits that concern the mental processes by which the verdict was determined," the defense attorneys stated in their court papers. "Indeed, the court's consideration of these affidavits would constitute reversible error."
Katherine Jackson, 83, sued in September 2010 on behalf of herself and her son's three children -- Michael Jr., Paris-Michael Katherine and Prince Michael -- claiming that AEG Live hired Murray to be Jackson's personal physician and failed to properly supervise him.
Katherine Jackson and many members of the Jackson family lived for decades lived in Encino, but she currently reside in Calabasas.
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
by Capricious Anomaly Wed Jan 08, 2014 9:50 pm
I don't think the judge interprets the law correctly if she listens to AEG lawyers on these issues. She has before so likely she will again here.
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Re: SEE UPDATED INFO-CNN-Michael Jackson's mom's motion for new trial NOT ruled on yet
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