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

[MJonmind]

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Could MJ really have cancelled his contract with AEG, without losing all his assets (Catalogue)? As in Exhibit B.

[curls]

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

[hesouttamylife]

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:

[suspicious mind]

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:

[paula-c]

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.



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[MJonmind]

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.
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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.

[Andrea]

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.

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!

[blankie]

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


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

[MJonmind]

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

 :th_bravo: Michael!

[blankie]

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

 :th_bravo: Michael!

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

[Australian MJ BeLIEver]

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


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

[hesouttamylife]

It  might be beneficial to check the credentials of those “expert” witnesses  :smiley-vault-misc-150:  You are not allowed to view links. Register or Login

[MJonmind]

It  might be beneficial to check the credentials of those “expert” witnesses  :smiley-vault-misc-150:  You are not allowed to view links. Register or Login

Crazy! Maybe that's where Dr. Tohme Tohme got his credentials too.

[paula-c]

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.

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[Andrea]

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?