Katherine Jackson versus AEG set for trial 9-10-2012

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Offline Andrea

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Yes, but the evidence from CM's docu, shows that Randy Phillips and Kenny Ortega HEAVILY pressured MJ and CM to make sure MJ got to rehearsals. And evidence (Exhibit B) shows that they may in fact have wanted/expected MJ to fail, and that the contract is HEAVILY advantageous to AEG getting the Catalogue and everything MJ owns, if he failed to deliver.  So it's not so much who hired CM or what drug he gave to MJ.  If MJ failed to keep up with the schedule or died, both scenarios promised them MJ's wealth by default.  The statements numerous witnesses gave that TT said he was going to destroy MJ should already be enough for intent to harm MJ, and rob him of everything he owned.  Why are they not bringing any of this forward--it's ridiculous! :icon_mad:

But MJ is alive, and in control. :errrr: :icon_mrgreen:


I don't think AEG wanted MJ to die because they only stood to profit, HUGELY, if MJ couldn't perform all 50 shows, which is of course what they were hoping for and fully expecting.  AEG wouldn't have a say over anything of Michael's in the event of death.  I still haven't figured out where Tohme comes in but it may take a shady character to fool other shady characters if you know what I mean.  Of course there are other branches of the music industry who have profited heavily, namely Sony, since Michael's "death" but they still couldn't get their hands on the catalog.  But Sony is something else altogether.  I think this Murray/meds negligence with AEG is a cover to get AEG in the court room so that everything can be picked apart for the world to see and hopefully, finally understand what MJ and other artists have had to put up with for so long.  I can imagine (ideally) Katherine's lawyer making someone from AEG explain specifically what Exhibit B really means, in normal everyday language.


And I agree that MJ is in control and at least one step ahead.  They thought they were setting MJ up to fall but really it's going to be the other way around.  Not to mention whatever else he has up his sleeve...   8)

Offline suspicious mind

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but the leaked e-mails didn't they show more concern from kenny and such that  michael was seeing klien and that is where problems were coming from? anybody remember or know how to find them?
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."

Offline Faithad777

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Sorry if I'm late with this, but I wanted to refer to this sentence from the article suspicious mind posted yesterday:

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.

This sentence says a lot about the lengths "they" (including AEG) will go to to make sure they don't get caught!!!  May be the tides are changing? But if anyone can do it, besides God, it is Michael...  "They" are very well connected, very powerful, and cover each other's backs, hence the reason why they don't get caught....It will be very difficult, but again we will have to wait and keep watching.....

Suspicious mind, yes I believe you're right about those emails, I remember reading them too, but I, like you don't know where to find them. Those emails show concern on Kenny's part, but then going back to Murray's documentary, according to Murray, what Randy Phillips said about Michael and his children are proof that Randy was far from concerned about Michael's health.......and this was shown on national TV......

Offline sweetsunsetwithMJ

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  • Michael I am looking forward to your BAM!!


AEG Reply to Katherine Jackson's opposition to Summary Judgment.



http://www.scribd.com/doc/127473596/AEG-Reply
I WANNA BE WHERE YOU ARE!!

Offline paula-c

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It seems that AEG defends himself by saying that Michael was a addicted to drugs.

Offline hesouttamylife

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Some parts of this hoax really gets under my skin, especially when it concerns these high profile, apparently above-the-law hunchos like Anschultz & Randy Phillips  :Pulling_hair: who think they can get away with any and everything just because they are who they are.  I can hardly bare to hear Phillips talking about Michael so smugly. It causes my pressure to spike. 
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline curls

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This was posted by lolop on Hoaxbook, I thought it should be here too:

http://music.yahoo.com/news/suit-over-hiring-jackson-doctor-trial-005004564.html

LOS ANGELES (AP) — 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.

Offline MJonmind

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Ah, but does AEG's lawyer Putnam know what bag of 'tricks' that Katherine's lawyer (and MJ) have up their sleeves.
 :michael_jackson-1135: :ghsdf:

Offline paula-c

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Quote
Michael Jackson wrongful-death suit headed for trial
 By Amanda Bronstad Contact All Articles

The National Law JournalMarch 4, 2013
 


A judge in Los Angeles has cleared the way for Michael Jackson's mother and three children to go to trial on claims that the concert promoter for his planned This Is It tour was negligent in hiring and supervising Dr. Conrad Murray, the physician convicted of involuntary manslaughter in the singer's 2009 death.

Los Angeles County, Calif., Superior Court Judge Yvette Palazuelos ruled on February 27 that AEG Live LLC and its senior executives failed to prove on summary judgment that they had not hired Murray or that they had no reason to believe he would be an unfit physician. Murray was convicted in 2011 of administering a lethal dose of the anesthetic propofol to Jackson and is serving four years in prison.

"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," Palazuelos wrote in her order, which became public on March 1.

"Triable issues of fact exist as to whether it could have been foreseeable that Dr. Murray would engage in the exact behavior alleged here: Dr. Murray's provision of drugs which led to Decedent's death," she said.

Palazuelos, however, threw out additional claims for breach of contract based on a "special relationship" between AEG and Jackson created when both signed the This Is It tour contract. Jackson was hardly in AEG's thrall, she said, citing the promoter's reference to Jackson as "the greatest and most beloved entertainer in the world."

"The court does not necessarily disagree," she wrote. "So, given Decedent's status and experience, exerting strong financial pressure is insufficient alone to create undue risk of harm."

She also agreed with AEG that Murray was not an employee and, as such, could not ensure that Jackson would show up for rehearsals. "Assuming that is true, there is no evidence that Defendants exercised or could exercise any control over how (manner or means) that task was to be accomplished."

A trial on the negligence claim is scheduled for April 2.

"We actually have the cleanest, simplest cause of action for us to prove, which is simply that they were negligent in hiring and retaining, keeping on board, the man who's in prison for killing Michael Jackson," said Kevin Boyle of Panish, Shea & Boyle in Los Angeles, who represents Jackson's heirs.

"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."
 
Jackson died on June 25, 2009, days before he was scheduled to start the This Is It tour in London. He was 50 years old.

Jackson's heirs originally accused AEG Live of negligence and breach of contract in hiring Murray. They asserted that AEG Live valued profits over the singer's health, forcing him to show up to rehearsals despite knowing he was ill in the days leading to his death.

In addition to AEG Live, the suit names its parent corporation, Anschutz Entertainment Group Inc., and its president and chief executive officer, Timothy Leiweke; AEG Live president and chief executive officer Brandon "Randy" Phillips; and AEG Live co-CEO Paul Gongaware.

In her order, Palazuelos found that the AEG defendants had hired Murray as an independent contractor despite the absence of a signed contract. The AEG defendants had argued that a draft contract between Murray and AEG was never executed before Jackson's death.

The judge referred to an oral or implied contract, payments to the doctor in the tour's budget and discussions about Murray's compensation—about $150,000 per month—just before Jackson's death.

"Prior to the anticipated signing of the written contract, the evidence is sufficient to establish that Defendants and Dr. Murray communicated regarding the current medical treatment and care of Decedent," she wrote. The fact that Murray was never paid, or that Jackson retained his services beforehand, does not clear AEG of all liability, she added.

She also disputed that AEG had no forewarning about Murray's actions.

"Plaintiffs presented evidence that Defendants did not conduct a sufficient background check of Dr. Murray, which would have established that Murray was deeply in debt," she wrote. AEG executives knew that Dr. Murray had closed his practice in Las Vegas and had no practice in Los Angeles; furthermore, Gongaware, in particular, was familiar with the fact that Jackson's prior doctors had given him large amounts of drugs, she wrote.

"Basically, the court concluded that the plaintiffs presented evidence that AEG could have known the problems with this doctor," Boyle said. "He was financially dependent, and deeply financially in debt, and basically that they had him close all his practices, so this was his only source of income."

In denying the breach of contract claim, Palazuelos concluded that Jackson's heirs had failed to establish that financial pressure established a special relationship between AEG and Jackson. "Extending the special relationship doctrine to financial control would greatly expand the narrow and limited class of special relationships," she wrote. And AEG lacked total control over Jackson's medical care, especially since Jackson saw doctors other than Murray.

"The facts may establish that Defendants gave some input to medical care, but there is no evidence that they undertook Decedent's medical care in its entirety," she wrote.

In a separate order, Palazuelos granted summary judgment to Leiweke and Anschutz Entertainment Group, concluding that neither had a special relationship with Jackson or had hired Murray.

In another order, Palazuelos ruled that several documents provisionally filed under seal under a protective order, including emails among AEG executives, should be made public. She did not unseal documents related to depositions of medical professions discussing Jackson's health or his medical records.

http://www.law.com/jsp/nlj/PubArticl...20130205061428


Offline MJonmind

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http://www.mjjcommunity.com/forum/threads/128731-Katherine-Jackson-vs-AEG-Live-Full-Case-History-Summary
Could MJ really have cancelled his contract with AEG, without losing all his assets (Catalogue)? As in Exhibit B.

Offline curls

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@Paula, many thanks for that link - it's going to fill in some blanks for me.

Offline hesouttamylife

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Someone mentioned that Kenny showed concern for Michael… of course he did.  I believe they all can shift shape where and when it is to their benefits to do so.  Shrewd and calculating and above the law, or so they think.  I hope that everyone who did Michael wrong is about to get their just deserves.  :icon_evil:    :ghsdf:
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline suspicious mind

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Someone mentioned that Kenny showed concern for Michael… of course he did.  I believe they all can shift shape where and when it is to their benefits to do so.  Shrewd and calculating and above the law, or so they think.  I hope that everyone who did Michael wrong is about to get their just deserves.  :icon_evil:    :ghsdf:[/color]

yeah and i was just trying to put together how the story went. :smiley_abuv: seems like it was that it went that when he didn't go to klien he came back and had those two good rehearsal days , i think .  i am still having trouble with klien "rebuilding his face " part when we realize that it actually didn't change that much. as for your last statement , i hope we get to see at least  just a little of here on earth  and not have to wait till judgement day. :michael-jackson:
"I am sending you out like sheep among wolves. Therefore be shrewd as serpents and as innocent as doves."  




Why not just tell people I'm an alien from Mars? Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a single word that comes out of his mouth."

Offline paula-c

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This is just an expert witness list. Expert witnesses are people with certain skills and education and knowledge and they are hired / paid to testify in regard to their area of expertise. This list doesn't include the other regular witnesses.

Based on a recent filing it seems AEG and Katherine Jackson is having disagreements about when to depose possible experts for Katherine Jackson's side.

I decided to post a list of the names of the experts for Katherine Jackson's side.
 
Please keep in mind that it doesn't mean all of these experts will be called to testify.

-------------------------------------------------------------
 
23 Retained experts - Katherine's lawyers are saying 4 of these will not be called as witness.(which 4 is unclear)
 
Cardiologist

Alon Steinberg, MD
 
Cardiologist. Testified at Murray criminal trial.

Daniel Wohlgelernter, MD
 
Interventional Cardiology, Clinical & Preventive Cardiology
 
Anesthesiologist
 
Barry N. Swerdlow, MD
 
Anesthesia and Pain Medicine, Thousand Oaks, CA. 30 yrs exp
 
Medical School: Harvard Medical School
 
Emery Neal Brown , MD
 
Dr. Emery Neal Brown is a professor of anesthesiology at Harvard Medical School, a professor of computational neuroscience at M.I.T. and a practicing physician, seeing patients at Massachusetts General Hospital.

Hendrikus J.M. Lemmens, PhD
 
Professor of Anesthesia at Stanford University Medical Center
 

Addiction

Sidney Schnoll, MD
 
Sidney H. Schnoll, M.D., Ph.D. is an internationally recognized expert in addiction and pain management who applies his experience of over 30 years in academic medicine to the issues of risk management
 
Myer B. Shimelman. MD
 
Psychiatrist in Connecticut 46 yrs experience
 
Tour expert
 
Richard Barnet, PhD
 
Richard D. Barnet, professor of recording industry and former chair at Middle Tennessee State University, near Nashville, is co-author of This Business of Concert Promotion and Touring (Billboard Books, 2007).
 
David Berman
 

Mark Goldstein
 
Mark Goldstein until August 2004 was senior vice president, Business and Legal Affairs at Warner Bros Records Inc., when he retired to continue his full-time teaching at USC together with his work as a consultant in the entertainment industry.
 
Hiring practices / HR expert
 
Barry J. Nadell
 
Expert Witness / Consultant where background screening is an issue. Also a private investigator
 
Jean L. Seawright, CMC
 
management consultant since 1987, provided professional HR consultation services and advice to business owners
 
Forensic document expert
 
Lloyd W. Cunningham
 
Document examiner, handwriting expert.
 
Albert H Lyter III
 
Engaged in consultation, examination, training, research and testimony in Forensic Science, including ink and paper analysis, trace evidence and questioned document examination.

Howard C. Rile Jr.

Howard Rile has qualified and testified as an expert witness in document examination in more than 500 cases involving criminal and civil matters in federal and/or state courts in California, Arizona, Colorado, Nevada, Hawaii, Kansas, New York, and Wyoming.
 
Corporate Governance
 
David Lewin, PhD
 
David Lewin, Ph. D., is the Neil H. Jacoby Professor of Management, Human Resources and Organizational Behavior at the UCLA Anderson School of Management. A specialist in human resource management and industrial relations.
 
Joseph K. Tanimura, PhD
 
Joseph K. Tanimura, Ph.D., J.D., has consulted on matters involving antitrust liability and damages, commercial damages, corporate valuation, securities markets, intellectual property, and public policy. He was formerly an assistant professor of finance at San Diego State University and a managing economist for LECG, LLC. His litigation consulting experience spans a number of industries, including agriculture, automobile parts, consumer electronics, private equity, and real estate.
 

Expertise Unspecified

Gordon Matheson, MD
 
Sports injuries; rehabilitation; stress fractures; overuse injuries; exercise and health; human performance; pre-participation evaluation.
 
Charles A. Czeisler, MD
 
Harvard Medical School. He's an expert in sleep medicine.

Daniel J. Wallace, MD
 
Wallace is a rheumatologist. Rheumatologist acts as an expert witness in all aspects of autoimmune disease, arthritis, rheumatic diseases. Lupus expert.

Arthur Erk , CPA
 
Erk's field is royalty and royalty administration. Among the areas Erk specializes in are tour accounting for touring groups, and royalty audits and administration for music publishers, writers, producers, actors, and record and film companies
 
Peter Formuzis, PhD
 
Formuzis is a professor of economics at Cal State Fullerton. He has provided expert testimony in court litigation, specializing in projecting future earnings.

Frederic Askin, MD
 
Dr. Frederic Askin is a pathologist at Johns Hopkins Hospital. Lupus expert
 

-------------------------
 Additional names on the non retained experts list.

Lepor
 
Levounis
 
Roesler
 
Briggs
 
Earley
 
Lacovino
 
Dicke
 
Sang
 
Ackerman
 
---------------------------
 
tidbit
 
According the the schedule plans AEG is at least trying to have the experts in the following areas
 
sports medicine, forensic pathologist, forensic document expert, tour expert, film expert.



http://www.mjjcommunity.com/forum/threads/128739-Possible-Expert-Witnesses-for-Katherine-Jackson

Offline MJonmind

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Wow, the people on those lists sound like they would get technical and boring, and none of them probably even know Michael.
Perhaps Katherine should go with someone like Karen Faye Kissinger, since she was right with MJ in the weeks prior to his 'death', and is very against AEG, Kenny, and others. She sent emails to people in TII a week or so before, with concern for MJ's health. I guess Randy Phillips got her message eventually, and after MJ's 'death', was sending her emails telling her to stop talking about MJ's poor health etc. because of the confidentiality agreements she had signed.
http://muzikfactorytwo.blogspot.ca/2011/09/karen-faye-facebook-comments-about.html
http://muzikfactorytwo.blogspot.ca/2011/08/karen-faye-facebook-comments-about.html
Interesting she says MJ weighed only 110 lbs. just before his 'death', but the autopsy said he weighed 136. She says other reports are lies. Hmm... But since she helped dress 'him' in the coffin, perhaps she was dressing a dummy or the emaciated DWD patient that TS talked of.  No way could she not be in on the hoax IMO.

Offline Andrea

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Quote
According the the schedule plans AEG is at least trying to have the experts in the following areas
 
sports medicine, forensic pathologist, forensic document expert, tour expert, film expert.


Forensic document expert? I wonder which document AEG thinks is fraudulent.


Also interesting there is also some on Katherine's list, one specializing in handwriting.

Quote
Forensic document expert
 
Lloyd W. Cunningham
 
Document examiner, handwriting expert.

Albert H Lyter III
 
Engaged in consultation, examination, training, research and testimony in Forensic Science, including ink and paper analysis, trace evidence and questioned document examination. 

Howard C. Rile Jr. 

Howard Rile has qualified and testified as an expert witness in document examination in more than 500 cases involving criminal and civil matters in federal and/or state courts in California, Arizona, Colorado, Nevada, Hawaii, Kansas, New York, and Wyoming.


There are also a couple "Corporate Governance" experts.  This is going to be a very interesting trial, to say the least!

Offline blankie

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And , for me, the greatest thing is that Mike wants keep talking about his  ;D " death "  ;D.....between the lines.....


  THE BEST IS YET TO COME !!!!     :icon_bounce: :icon_bounce: :michael-jackson: :icon_mrgreen:
« Last Edit: March 09, 2013, 05:59:23 PM by blankie »
LOVE YOU MORE

Offline MJonmind

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All I can say is, it's The Greatest Show (story-telling) on Earth!   

 :th_bravo: Michael!

Offline blankie

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All I can say is, it's The Greatest Show (story-telling) on Earth!   

 :th_bravo: Michael!



    CORRECT !!!!       :beerchug: :bearhug: :woohoo2:


LOVE YOU MORE

Offline Australian MJ BeLIEver

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And , for me, the greatest thing is that Mike wants keep talking about his  ;D " death "  ;D.....between the lines.....


  THE BEST IS YET TO COME !!!!     :icon_bounce: :icon_bounce: :michael-jackson: :icon_mrgreen:

People laugh when I explain. And though they may laugh, that doesn't change the fact that it's still the truth.


Michael is Alive
The end of evil is nigh
Trust in God
The righteous will prevail

Offline hesouttamylife

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It  might be beneficial to check the credentials of those “expert” witnesses  :smiley-vault-misc-150:  http://www.propublica.org/article/no-forensic-background-no-problem
« Last Edit: March 11, 2013, 10:11:07 AM by hesouttamylife »
"Don't stop this child, He's the father of man
Don't cross his way, He's part of the plan
I am that child, but so are you
You've just forgotten, Just lost the clue.”

MJ "Magical Child"
Still Rocking my World…
   and leaving me Speechless!

“True goodbyes are the ones never said

Offline MJonmind

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It  might be beneficial to check the credentials of those “expert” witnesses  :smiley-vault-misc-150:  http://www.propublica.org/article/no-forensic-background-no-problem
Crazy! Maybe that's where Dr. Tohme Tohme got his credentials too.

Offline paula-c

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Read this to understand what claims are left in Katherine Jackson - AEG trial. 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 Michael.
 
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 3 - Fraud (DISMISSED April 2011 during demurrer)
 
Dismissed during first demurrer due to no evidence
 
civil conspiracy claims also dismissed due to no evidence.
 
Claim 4 - Negligent infliction of emotional distress (DISMISSED April 2011 during demurrer)
 
Dismissed during first demurrer due to no evidence
 
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-2-27-2013http://tl.gd/l9lrfv · Reply



http://www.twitlonger.com/show/l9lrfv

Offline Andrea

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Thanks paula.  Once again, I wonder if the triable claim for the trial is an "out" for AEG - so they are no longer answerable for the dismissed claims.

Can dismissed claims still be brought up in the trial, as they may have to do with the triable claim?

 

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