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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013

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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013 Empty Jackson Family v. AEG Legal Proceedings Begin April 2, 2013

Post by Admin Sat Feb 09, 2013 3:21 am

UPDATE: Regarding the "Personal note" I posted below here: I located a 2012 article out of a LA media source which has this date, 4/2/13 as the changed date for the start of this case. See the AEG Live Summary Judgment motion below.

I am posting that updated article for the April 2 date here:

Judge postpones trial in Katherine Jackson's lawsuit against AEG Live
By Wave Wire Services

May 15, 2012

Attorneys for AEG Live on Tuesday won a delay until next year for the start date of the trial of Katherine Jackson's lawsuit accusing the entertainment conglomerate of negligently hiring Dr. Conrad Murray to care for her late son.

Los Angeles Superior Court Judge Yvette Palazuelos ruled there was good reason to postpone trial from Sept. 10 until April 2 because of AEG Live's challenge in obtaining all the information it needs from the opposing side to prepare a proper defense.

Lawyers for AEG Live filed paperwork with Palazuelos last week stating that the size of the litigation and a number of procedural issues have slowed the progress of the case. The documents also state that new information shows Michael Jackson had a history of drug abuse that began long before the singer met Murray.

Katherine Jackson's lawyers stated in their court papers that the lawsuit under law is on a priority list for trial because one of the late entertainer's two sons is under age 14.
"Here, it is indisputable that (Prince Michael Jackson II), born Feb. 21, 2002, and having suffered the tragic loss of his father, meets those requirements,'' according to the Jackson lawyers' court papers.

After Tuesday's hearing, Jackson family attorney Kevin Boyle said he will weigh the option of filing a motion for a priority trial date because of the Jackson boy's age. But he also said the new trial date may actually help his clients.

"The way we keep obtaining more information, it might be beneficial,'' he said.
AEG Live attorney Marvin Putnam — who has called the Jackson case a "shakedown'' of his clients — said even if Boyle files a motion for a priority trial date, the soonest it could be set is six months from the Sept. 10 date and nine months at the latest.

In additional court papers filed Monday, AEG Live attorneys state that deposition testimony from Katherine Jackson and two of her children revealed that Michael Jackson "had a decades-long history of severe substance abuse, including an addiction to prescription painkillers and repeated interventions.''

The information contradicts the Jackson family's claims that AEG Live "somehow forced Mr. Jackson to receive dangerous medication from his physician,'' according to the AEG Live court papers.

The more information that is obtained from the Jacksons increases the likelihood that it will "further undermine their case,'' the AEG Live court papers state.
Jackson was set to perform a string of 50 shows in London for AEG Live, but he died June 25, 2009, of acute propofol intoxication in Los Angeles while rehearsing for the concert series.

The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and her son's three children, Michael Jr., Paris-Michael Katherine and Prince Michael, alleging the company was negligent in hiring Murray.

The complaint also alleges AEG Live is responsible for the medical decisions made by Murray, who was convicted of involuntary manslaughter in Jackson's death and was sentenced Nov. 29 to four years in prison.

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Personal note: This sentence was buried in a news article last year:
"On Tuesday judge Palazuelos found in their favor, putting the trial back from September 10 this year to April 2, 2013." I cannot find anywhere yet a recent update regarding this date. If I find that I will update this thread.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Jackson Family v. AEG Legal Proceedings Begin April 2, 2013

Since Oral arguments are set for February 13, 2013, it is time to cover this issue. After the oral arguments court would take some time to come to a decision.
AEG Live, Gongaware and Phillips have filed their own summary judgment motion.

AEG Inc, and Leiweike has filed a separate summary judgment motion. Mainly they argue that the parent company AEG and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Almost all depositions AEG cite are marked confidential and filed under seal.

AEG Live, Phillips and Gongaware's Summary Judgment motion link : [You must be registered and logged in to see this link.]

AEG Inc, and Leiweike has filed a separate summary judgment motion. Mainly they argue that the parent company AEG Inc. and Leiweike had no contact or involvement with Michael or Murray and therefore they should be removed as parties.

Summary of the AEG Live, Gongaware and Phillips summary judgment motion (document posted above) is as follows:

AEG is asking dismissal based on "matter of law" as there's no triable issues.

First action : Breach of contract.

In this claim Katherine Jackson claimed AEG had a legal duty and failed to perform their legal duty and acted negligently. AEG denies this claim saying there was no legal duty. They argue that they had no duty to protect Michael from Murray.

A. Katherine claimed there was a "special relationship" between Michael and AEG because Michael was dependent to AEG. AEG argues that the legal definition of special relationship is pretty specific and it involves situations such as the relationship between foster children and foster parents and prisoners and guards and so on. They argue that Michael was a 50 year old intelligent and successful entertainer and he wasn't a child or a prisoner.

A.1. AEG further argues that financial dependence - even if true - doesn't create a special relationship. If it did then every person would be dependent to their employee or their bank. AEG simply argues that every one even though they might have debt have the option to change jobs, sell their assets and declare bankruptcy.

AEG argues that law doesn't recognize special relationship in regards to medical care - unless there's full control. For example law recognizes control over a prisoner's medical care as the prisoner is under the total control of the guards. AEG claims as Michael was not in custody of AEG no such control over his medical care exists.

AEG argues that even though the court to assume that there was some special relationship between AEG and Michael, AEG's only responsibility would be to provide access to medical care. The quality of the medical care would still be responsibility of the doctor Murray and not AEG. AEG argues that the according to law the duty to provide quality medical care is through the doctor to the patient.

A.2. AEG argues that there are no evidence / facts to show that there was a special relationship.

AEG states they did not control Michael's finances. Michael signed the tour deal voluntarily after months of negotiations and changes to the contract. AEG says that despite the claims Michael did not put his personal assets as collateral (Ivy's note: This is something I've been saying for some time now. Michael only put MJJ Co's assets as collateral. The catalogs were personal assets that were hold in separate bankruptcy remote trusts. Catalogs weren't a collateral)

AEG compares Michael deciding to go on tour rather than to sell his assets to any American that works to pay their debts.

AEG says they did not control Michael's medical care. AEG says they did not isolate or stopped Michael from seeing any doctor (Note: Arnie Klein's creditors claims showing that Michael visited him up to 3 days before his death is added as an exhibit) AEG also denies the claim that they forced Michael to see Murray and argue that Murray is Michael's long term physician - even before any deal with AEG.

AEG also states that Murray started to perform services in April 2009 - a month before any AEG executive ever heard of him.

B. Negligent undertaking

B. 1.2. AEG argues that they did not undertake Michael's medical care and this did not increase the chances of any more harm. AEG argues that Murray have been treating Michael for a long time and the risk was the same. AEG's involvement - even if it happened- did not increase the risk.

B.3. AEG argues that they had no obligation to provide Murray any equipment and assistant in Los Angeles because i) Murray wanted those for London and not Los Angeles, ii) the contract was not signed so it was not enforceable and iii)Murray was the one to choose the equipment and assistant and therefore AEG could have not provide it on their own (Murray had to request those and he didn't.)

4. AEG is denying any responsibility for risk as it was Murray who knew that what equipment and assistant needed and still decided to provide services. They place the risk on Murray's conduct.

C. Lack of foreseeability

AEG argues that they could not foresee harm to Michael. Murray was a licensed doctor in multiple states and did not have any prior record of discipline. AEG argues they could not foresee that Murray would deviate this much from the standard of care to the point of being foung guilty of involuntary manslaughter and given maximum sentence.

D. Hiring, training and supervising Murray

AEG denies these claims saying they did not hire Murray, they had no reason to believe Murray was unfit and they did not know Michael was given Propofol.

Again AEG mentions Murray was Michael's longtime physician, he was at LA house performing services a month before AEG even heard about him. They say they started negotiations with Murray in insistence of Michael when they did not want to hire him. They mention the drafting process and mention they did not pay Murray. AEG also points out that the contract had a clause saying that the agreement will not be in effect until Michael signs it.

AEG states that there was no oral contract and everyone was aware that any agreement required to be written and signed. They say their emails and communications show an understanding of this and even Murray wanted to show the agreement to his lawyers and wanted several changes. AEG states their refusal to pay "good faith" payment to Murray also demonstrates that they only considered a written and fully executed agreement as a binding one. AEG argues that all of these show that the agreement was supposed to be in writing and there is no oral contract.

So overall they argue that they never hired Murray and therefore never trained or supervised him either.

AEG continues to argue that even if court thinks they hired Murray, AEG could not have seen the risk Murray posed as Murray was seen as a competent doctor licensed in multiple states with no disciplinary actions.

AEG also argues that Murray was going to be hired as an "independent contractor" and law says you aren't responsible for the actions of an independent contractor.

---------------------------------------------

More info from the additional documents and not redacted parts

Michael's kids confirm that they either first met Murray in Bahrain or in Las Vegas. They state they started to see Murray more often in LA.

Katherine in her written answers admit that Michael was given Propofol by other doctors before Murray.

AEG Live execs - Phillips and Gongaware - state they did not know Michael was being given Propofol by Murray, they state they didn't know what Propofol was.

Phillips and Gongaware say that their meetings with Murray were limited to 2-3 meetings.

Two excerpts from depositions of Kai Chase and Rosalyn Muhammed state that they did not see Michael under influence.

The instance Michael felt cold is mentioned in nanny Rose's deposition as well as Paris's written answers to questions.

Paris also states that she discussed Michael with Latoya and that Latoya promised to get to the bottom of who killed Michael.

AEG's responses include that Michael was represented by Tohme Tohme, Dennis Hawk and Peter Lopez during the negotiations and signing of the TII concert deal.

Katherine argues that given that Gongaware's prior history with Michael (he was involved in other tours) he should have known that Michael was taking Propofol.









Last edited by Admin on Mon Feb 11, 2013 2:49 am; edited 3 times in total
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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013 Empty Murray Subpoenaed In Katherine Jackson's Wrongful Death Lawsuit Against AEG

Post by Admin Sat Feb 09, 2013 3:24 am

Murray Subpoenaed In Katherine Jackson's Wrongful Death Lawsuit Against AEG

1/20/2013

Katherine Jackson is reaching out to the man who killed her son because she needs him badly for something ... TMZ has learned.

Katherine is in the throes of a wrongful death lawsuit against AEG, claiming the company negligently hired Dr. Conrad Murray and failed to properly supervise him.

Here's the problem. She needs Murray on the record, explaining how the arrangement went down, so she's subpoenaed the jailed Doc. Katherine wants Murray to acknowledge AEG masterminded the plan to bring him on board.

It's ironic, to say the least, but Katherine is dealing with some bad options. She can go after Murray, but he doesn't have a pot to piss in. Or, she can try to bring him into the fold in order to go after the deep pockets -- AEG.

Now the real problem -- Murray's not cooperating. His lawyers, Valerie Wass and J. Michael Flanagan, are fighting the subpoena, trying to get it tossed on technical grounds.

So Katherine can persist ... and a judge could order Murray to tell all. But she doesn't want to unnecessarily antagonize the Doc, because a hostile witness is often a bad witness.

NOTE: I am posting this source - however please do not click to TMZ - they make $$ from all visits to their site!

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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013 Empty Michael Jackson’s Mom’s Gets Court Favor 2/6/13

Post by Admin Sat Feb 09, 2013 3:29 am

Michael Jackson’s Mom’s Gets Court Favor

February 06, 2013

LOS ANGELES (CNS) – Attorneys representing Michael Jackson’s mother in her lawsuit against the promoters of the concert tour he was preparing for at the time of his 2009 death have obtained a court order directing the coroner’s office to provide copies of slides and X-rays regarding the late singer.

Los Angeles Superior Court Judge Yvette Palazuelos issued the order Tuesday during an unscheduled hearing, finding that there was good cause to grant the request. Katherine Jackson, 82, and her late son’s three children allege AEG Live negligently hired Dr. Conrad Murray to care for him. The singer was set to perform 50 shows in London for AEG Live, but died on June 25, 2009, of acute propofol intoxication in Los Angeles while rehearsing for the concert series.

The negligence suit was filed in September 2010 by Katherine Jackson on behalf of herself and grandchildren Michael Jr., Paris-Michael Katherine and Prince Michael.

The Jackson family matriarch’s attorney, Kevin Boyle, stated in his court papers that the items obtained will be helpful in preparing for trial in his clients’ case against AEG Live.

“These materials are undoubtedly relevant to this wrongful death case,” Boyle wrote. “The X-rays and slides will assist counsel and retained experts in presenting trial testimony and performing analyses relating to liability and causation.”

The analyses are necessary because AEG Live disagrees that negligence by Murray, Jackson’s personal physician, caused the pop star’s death and refuses to acknowledge that that the singer himself had no fault for bringing about his own death, according to Boyle’s court papers.

“Accordingly, these X-rays and slides may be used by (plaintiffs’) attorneys and shown to expert witnesses in their preparation of this case,” Boyle wrote.

Murray was convicted of involuntary manslaughter in Jackson’s death and was sentenced in November 2011 to four years in the Los Angeles County men’s jail.

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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013 Empty Re: Jackson Family v. AEG Legal Proceedings Begin April 2, 2013

Post by Admin Sat Feb 09, 2013 6:07 am

PLEASE NOTE: See the sticky thread in this forum for all news articles on The Jackson Family v. AEG (wrongful death case) from 2010 through 2012. The 2013 news articles will all be posted individually on the trial forum.

See the separate sticky thread for all the Legal Court Documents (pdf)

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Jackson Family v. AEG Legal Proceedings Begin April 2, 2013 Empty Re: Jackson Family v. AEG Legal Proceedings Begin April 2, 2013

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