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Katherine & MJ's kids sue AEG / Trial date April 2, 2013

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marc_vivien

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Jackson doc seeks dismissal of wrongful death case
By ANTHONY McCARTNEY (AP) – 1 hour ago
LOS ANGELES — Attorneys for the doctor charged in Michael Jackson's death asked a federal judge Wednesday to dismiss the wrongful death lawsuit filed by the singer's father.
Attorneys for Dr. Conrad Murray argued in a court filing that Joe Jackson's complaint should be dismissed because the Jackson family patriarch is not a beneficiary of the singer's estate.
The filings note that he dropped his bid to receive a stipend from his son's multimillion dollar estate. Michael Jackson omitted his father from his 2002 will.
Murray's attorneys also argued that the wrongful death lawsuit is rife with improper arguments and statements that should be stricken.
"At its essence, (Joe Jackson's lawsuit) is a press-release that is intended to prejudice and inflame the jury pool and the public" against Murray and his medical practice, the lawyers argued.
The motions will be considered by a federal judge during a hearing scheduled for Oct. 18.
Joe Jackson sued Murray on June 25, the one-year anniversary of his son's death at age 50. His lawsuit claimed the doctor acted negligently by providing the pop singer with a mix of sedatives, including the anesthetic propofol.
The lawsuit is seeking more than $75,000 in damages.
Murray pleaded not guilty to involuntary manslaughter in criminal court.
Joe Jackson's attorney, Brian Oxman, said the lawsuit was properly drafted.
"It sets out facts," Oxman said. "It doesn't set out anything other than the day-by-day, moment-by-moment description of what happened."

http://www.google.com/hostednews/ap/article/ALeqM5gvcLH28ub3AyGjplQ256FNiOT6CQD9I8K9AG1

doc here :
http://www.radaronline.com/sites/radaronline.com/files/Conrad Murray 9-15-10.pdf
 
Re: Wrongful death lawsuits

Katherine Jackson Sues AEG Over Michael's Death
29 minutes ago by TMZ Staff

Katherine Jackson and Michael Jackson's children are suing AEG Live -- claiming the company breached their agreement to provide physical care for Michael Jackson -- and that AEG was negligent in their hiring of Conrad Murray as MJ's doctor.



In the suit, Katherine claims AEG's contract with Michael "created a legal duty for AEG to act reasonably toward the physical well-being of Michael Jackson."

Here's what's interesting ... the lawsuit mistakenly lists Katherine Jackson as a Guardian ad Litem for Michael's 3 kids. Katherine is not a Guardian ad Litem -- i.e. the legal representative. Katherine is the guardian of the children. This mistake, along with the fact that Katherine's reps know nothing about the lawsuit suggests she is not actively involved in this case.

Kenny Ortega, who produced the planned London concerts for Michael, is also named as a defendant.

Story developing....
 
Re: Wrongful death lawsuits

Randy tweeted about it:


  1. This could not have been done without the support of the fans. Were all together in this.Thank you for your continued support and patience. less than a minute ago via web
  2. Please understand its not over, we have a long way to go. There is more to come. We are just getting started. 4 minutes ago via web
  3. What happened to my loving brother should NOT have happened. I really miss him. 8 minutes ago via web
  4. I am doing my best to keep that promise. On this day my family has filed a wrongful death lawsuit against AEG. I am proud of my family. 15 minutes ago via web
  5. Last year I promised that I would not rest until the truth is exposed about what happened to my brothers passing. May he rest in peace. 18 minutes ago via web
  6. I know im quiet, I dont tweet much. 23 minutes ago via web
  7. Today was a good day. 24 minutes ago via web
 
Re: Wrongful death lawsuits

After reading that, it is very interesting that the lawsuit sounds so close to everything that Oxman and Rowe have been stating and also contradicts Mrs. Jackson's assertion that Michael always seemed fine to her when she was around him including the week before his death. If he was in the shape stated in this lawsuit, then how in the world could Mrs. Jackson have missed this. Also, how in the world was he even acting as the involved father that everyone says. Some of this also sounds like what many of the follower fans were saying, so I will be curious if they are the witnesses.
 
Re: Wrongful death lawsuits

AEG is responsible for Michael's death. Way too many fishy stuff going around. I hope it's true Katherine and Michael's kids decided to sue. Sue them for every penny they got!

marc_vivien said:
Katherine lawsuit here :

http://www.mjj2005.com/kopboard/index.php?act=attach&type=post&id=7659


Randy is just lying. The family is not filing the lawsuit, only Katherine and the kids. Randy has no standing here.
Click to expand...

Can you paste what it says there? You have to have an account to view that site and I don't have one.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

I used to think that the involuntary manslaughter case was a no-brainer in terms of prosecuting; however, with all these civil suits, I think that the water is going to be so muddied in terms of what shape Michael was in to begin with that there is now a big whole that will only get bigger by the time of the criminal trial. By the time this is finished, we will probably have Murray being portrayed as the lone person trying to save Michael and he just was a doctor put in a bad situation. It is already a tough battle to get juries to criminally convict doctors; I now think that all of this is just going to help in Murray's favor. If any family member felt that lawsuits were in order, so be it. But, why before the criminal trial? Why push the Michael Jackson out of control and drugged out picture prior to a criminal trial where the prosecutor must go in and convince the jury that the overwhelming burden was on the doctor?

Based on these accounts from Joe Jackson's suit and now this one, Michael wasn't in control of anything; Michael couldn't even refuse what goes into his body; Michael didn't know how to read or negotiate contracts that would be in his favor; and the list goes on. I would think that since L. Richie was around Michael that Fathers' Day weekend, then he can testify that Michael was in no shape to perform also.
 
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Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

How is it that Mrs Jackson does not know about this lawsuit? I am not getting this they are saying that AEG hired Murray but the contact was not signed by AEG or by Michael. And Mrs Jackson said she saw her son a weeek and half before he died and everything was fine. And how is it AEG's fault that Murray called him upstairs? I mean WTF
 
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Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

If Michael had some physical problems that dose not mean he was an addict or these medications were to keep him high.he said many times that he had some health problems and he was taking medications and insomnia was only one of these health problems..Lionel Richi interviews before MJ's death show to me that he was the channel between AEG and Michael ...he is like Frank Dileo who was hired to make sure that MJ do not back off..i think these two were more of spys than old friends,,,they were there to tell AEG what was MJ thinking of and not the opposite.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

Nonsense. If AEG hired Murray how come they did not sign his contract? I truly hope that Mrs Jackson is not listening to her son because she is going to fall flat on her face
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

classic said:
I used to think that the involuntary manslaughter case was a no-brainer in terms of prosecuting; however, with all these civil suits, I think that the water is going to be so muddied in terms of what shape Michael was in to begin with that there is now a big whole that will only get bigger by the time of the criminal trial. By the time this is finished, we will probably have Murray being portrayed as the lone person trying to save Michael and he just was a doctor put in a bad situation. It is already a tough battle to get juries to criminally convict doctors; I now think that all of this is just going to help in Murray's favor. If any family member felt that lawsuits were in order, so be it. But, why before the criminal trial? Why push the Michael Jackson out of control and drugged out picture prior to a criminal trial where the prosecutor must go in and convince the jury that the overwhelming burden was on the doctor?

Based on these accounts from Joe Jackson's suit and now this one, Michael wasn't in control of anything; Michael couldn't even refuse what goes into his body; Michael didn't know how to read or negotiate contracts that would be in his favor; and the list goes on. I would think that since L. Richie was around Michael that Fathers' Day weekend, then he can testify that Michael was in no shape to perform also.
Click to expand...

I can't agree more !
another thing...Randy's and Delio accounts of how they found out about MJ in 25 and how was thier reaction in the hospital show clearly that they knew he was dead before their arrival...they were only wating to his family to announce the death.

but still i can't accuse them of direct motivation to kill MJ..which i personally believe that MJ was killed on purpose and it took Murray a whole night to do it , it was not a mistake at all !
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

classic said:
I used to think that the involuntary manslaughter case was a no-brainer in terms of prosecuting; however, with all these civil suits, I think that the water is going to be so muddied in terms of what shape Michael was in to begin with that there is now a big whole that will only get bigger by the time of the criminal trial. By the time this is finished, we will probably have Murray being portrayed as the lone person trying to save Michael and he just was a doctor put in a bad situation. It is already a tough battle to get juries to criminally convict doctors; I now think that all of this is just going to help in Murray's favor. If any family member felt that lawsuits were in order, so be it. But, why before the criminal trial? Why push the Michael Jackson out of control and drugged out picture prior to a criminal trial where the prosecutor must go in and convince the jury that the overwhelming burden was on the doctor?

Based on these accounts from Joe Jackson's suit and now this one, Michael wasn't in control of anything; Michael couldn't even refuse what goes into his body; Michael didn't know how to read or negotiate contracts that would be in his favor; and the list goes on. I would think that since L. Richie was around Michael that Fathers' Day weekend, then he can testify that Michael was in no shape to perform also.
Click to expand...

I can't agree more !
another thing...Randy's and Delio accounts of how they found out about MJ in 25 and how was thier reaction in the hospital show clearly that they knew he was dead before their arrival...they were only wating to his family to announce the death.

but still i can't accuse them of having a direct motivation to kill MJ..since i personally believe that MJ was killed on purpose and it took Murray a whole night to do it , it was not a mistake at all !
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

About Murray's response to Joe

It was all expected in my opinion. Radaronline's files show that Murray asking to dismiss the lawsuit on the basis of Joe not being a dependent and therefore cannot file the lawsuit.

Radaronline's documents do not show anything about Arnie Klein as TMZ reports. But even true it wouldn't surprise me that they would use "blame other people and create reasonable doubt" tactic.

About Katherine's lawsuit against AEG

Well this was unexpected.

According to the documents
- They are suing AEG organization and Randy Phillips, Kenny Ortega, Paul Gongaware (CEO) and Timothy Leiweke (President) as individuals.
- They are also leaving room to add more defendants as they identify them.
- Michael Jackson's estate is not a part of the lawsuit.
- It states that AEG controlled Michael's life.
- It also states that Murray was selected and hired by AEG.
- It says that AEG- Murray agreement was done on May 8 2009.
- Murray starts working with Michael on May 15, 2009
- Murray asks AEG for payment of May 2009 salary on May 28 2009.
- June 18 was "riot act" and "though love" - they asked Michael to stop seeing Klein, only take drug from Murray. Murray was told to make sure that Michael attends the rehearsals or they would pull the plug and got their advances from Michael's assets and Murray would be fired.
- Murray also instructed to attend to rehearsals with Michael - which he reportedly did according to the documents.
- According to the documents Murray's agreement started on May 1, 2009 and to continue till the end of concert series (11 months). It also says that AEG had the power to control, oversee Murray's services and to fire Murray if needed - Michael didn't have these powers.
- The lawsuit says that Michael showed negative effects from Murray's treatments on June 18,19,23 and 24.
- The defendants are being sued on the basis of breach of contract (that they needed to maintain Michael's best interest in mind but instead risked it), negligent hiring, supervising and training (didn't check Murray's background and didn't hire or stop his treatment when Michael showed negative effects) and fraud (acting like they were looking out for Michael's best interests but in reality making sure that he'll continue with the tour and AEG would profit)
- They are also stating emotional distress of Prince Michael.
- and of course asking for damages
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

MJ's bodyguards just posted this on facebook:

"Don't underestimate MJs kids, they are very wise and very intelligent. They are going to be dealing with their fathers matters for the rest of their lives. Prince can handle it."
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

People may not agree with me but I absolutely hate the image and protrayal of Michael in these lawsuits. The media that loved to say that he no longer "had it" will love this because it is pretty much backing up that theory that he was out of it and couldn't handle performing again.

I don't give a crap what people say but image and legacy meant a lot to Michael based on how he has spoken in the past. Yet, all people now discuss is how he was drugged up and weak. There is no portrayal of a strong man in control in either of these lawsuits.

If that is how he was, then so be it. So, what exactly was the image that his children got to see daily if you believe these accounts to the "T"?
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

classic said:
People may not agree with me but I absolutely hate the image and protrayal of Michael in these lawsuits. The media that loved to say that he no longer "had it" will love this because it is pretty much backing up that theory that he was out of it and couldn't handle performing again.

I don't give a crap what people say but image and legacy meant a lot to Michael based on how he has spoken in the past. Yet, all people now discuss is how he was drugged up and weak. There is no portrayal of a strong man in control in either of these lawsuits.

If that is how he was, then so be it. So, what exactly was the image that his children got to see daily if you believe these accounts to the "T"?
Click to expand...

I'm always conscious of Michael's image but I'll take the truth over image any day. I agree with you it discredits Katherine's claim that MJ always seemed fine to her. However, it shows that Michael was in a no win situation. I don't know why he would agree to put up his catalog as an asset that AEG would be able to go after. I don't understand what happened to MJ's finances that he was at the mercy of these people. A lot of things I don't understand but I want the truth to come out and not be covered up for the sake of image. The details of this lawsuit paint a clear picture of conspiracy to me and I can see why the family would refer to Murray as the fall guy. At this point, I want AEG to pay. I've always felt they were equally responsible but they also put Murray who was also vulnerabe financially in a corner. Of course, Murray had the duty to do no harm and should not have been motivated by greed, however AEG seems to be primarily responsible.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

yaazgurl said:
I'm always conscious of Michael's image but I'll take the truth over image any day. I agree with you it discredits Katherine's claim that MJ always seemed fine to her. However, it shows that Michael was in a no win situation. I don't know why he would agree to put up his catalog as an asset that AEG would be able to go after. I don't understand what happened to MJ's finances that he was at the mercy of these people. A lot of things I don't understand but I want the truth to come out and not be covered up for the sake of image. The details of this lawsuit paint a clear picture of conspiracy to me and I can see why the family would refer to Murray as the fall guy. At this point, I want AEG to pay. I've always felt they were equally responsible but they also put Murray who was also vulnerabe financially in a corner. Of course, Murray had the duty to do no harm and should not have been motivated by greed, however AEG seems to be primarily responsible.
Click to expand...


Well, this is Randy's side...

There is always two or in this case, 3 sides, to every story.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

This will be a wild ride for sure. Honestly I didn't see this lawsuit coming, we'll wait and see what AEG will respond and what the outcome will be.

I believe the main point will come to
- Did AEG chose Murray or did Michael chose him
- the signed vs not signed contract argument
- were the equipments requested and covered time in USA or was only for UK.

One point is particularly interesting. This lawsuit claims that AEG chose and hired Murray. However Oxman's wrongful death lawsuit and the autopsy report lists prescription by Murray to Michael going back to December 2008. Isn't this before AEG This is It deal?

yaazgurl said:
I don't know why he would agree to put up his catalog as an asset that AEG would be able to go after.
Click to expand...

I think that's kind of exaggeration - that they would get the catalog. Didn't they give Michael around $30M in advances and had $30M production costs? Sony/ATV catalog reportedly brings Michael around $70M yearly income. Even if they sued and won , they could have simply got yearly profits of the catalog - not the catalog itself.

Plus it's not specifically the catalog , its all his assets. I'm sure that he had other more liquid assets (such as houses, property etc) and then a hard to sell and heavily financed catalog.
 
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Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

It will be interesting but I want the truth to come out and I feared it wouldn't come out with just Murray's trial.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

Memefan said:
Well, this is Randy's side...

There is always two or in this case, 3 sides, to every story.
Click to expand...


Are you so against Randy that you would prefer the truth to not come out? Have you read the lawsuit?
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

ivy said:
This will be a wild ride for sure. Honestly I didn't see this lawsuit coming, we'll wait and see what AEG will respond and what the outcome will be.

I believe the main point will come to
- Did AEG chose Murray or did Michael chose him
- the signed vs not signed contract argument
- were the equipments requested and covered time in USA or was only for UK.

One point is particularly interesting. This lawsuit claims that AEG chose and hired Murray. However Oxman's wrongful death lawsuit and the autopsy report lists prescription by Murray to Michael going back to December 2008. Isn't this before AEG This is It deal?



I think that's kind of exaggeration - that they would get the catalog. Didn't they give Michael around $30M in advances and had $30M production costs? Sony/ATV catalog reportedly brings Michael around $70M yearly income. Even if they sued and won , they could have simply got yearly profits of the catalog - not the catalog itself
Click to expand...

Why can't this family hire some smart lawyers to do the job? When was Katherine Jackson made guardian ad litem for the kids? In all financial matters, Margaret G. Lodise represent the children. I hope the media get a hold of her.


smdh a bunch of incompetent lawyers.
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

yaazgurl said:
I'm always conscious of Michael's image but I'll take the truth over image any day. I agree with you it discredits Katherine's claim that MJ always seemed fine to her. However, it shows that Michael was in a no win situation. I don't know why he would agree to put up his catalog as an asset that AEG would be able to go after. I don't understand what happened to MJ's finances that he was at the mercy of these people. A lot of things I don't understand but I want the truth to come out and not be covered up for the sake of image. The details of this lawsuit paint a clear picture of conspiracy to me and I can see why the family would refer to Murray as the fall guy. At this point, I want AEG to pay. I've always felt they were equally responsible but they also put Murray who was also vulnerabe financially in a corner. Of course, Murray had the duty to do no harm and should not have been motivated by greed, however AEG seems to be primarily responsible.
Click to expand...

Well, I will just say this: be careful what you ask for. I pray that Michael was like this; otherwise, to portray as such is just sickening. So, I wonder why some of those who worked with Michael outside of the concerts (Akon, Will.I.Am, etc.) would only talk of seeing such a strong and determined Michael when according to many others he was anything but. I guess some people who complained about Friedman, Chopra and Oxman will also owe them apologies as they must have been speaking truthfully about Michael's addictions (yet they got lamblasted by so many fans for what they said).
 
Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

ivy said:
- It states that AEG controlled Michael's life.
- It says that AEG- Murray agreement was done on May 8 2009.
- Murray starts working with Michael on May 15, 2009
- Murray asks AEG for payment of May 2009 salary on May 28 2009.
- June 18 was "riot act" and "though love" - they asked Michael to stop seeing Klein, only take drug from Murray. Murray was told to make sure that Michael attends the rehearsals or they would pull the plug and got their advances from Michael's assets and Murray would be fired.
- Murray also instructed to attend to rehearsals with Michael - which he reportedly did according to the documents.
- According to the documents Murray's agreement started on May 1, 2009 and to continue till the end of concert series (11 months). It also says that AEG had the power to control, oversee Murray's services and to fire Murray if needed - Michael didn't have these powers.
- The lawsuit says that Michael showed negative effects from Murray's treatments on June 18,19,23 and 24.
Click to expand...
:thinking:

Well, as has been said, the contract between AEG/Murray/Michael was not signed (where's the contract signed by Michael, AEG and Murray?), so this process is valid? The judge will not need to read/see this contract? :scratch:



ivy said:
- It also states that Murray was selected and hired by AEG.
Click to expand...
:thinking:


And the story that Michael and Murray met when one of a child were sick? So I can say that before the negotiations of concerts with AEG, Michael and Murray already knew each other? :unsure:


I'm very, very, very confused. :scratch:
 
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Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

yaazgurl said:
Are you so against Randy that you would prefer the truth to not come out? Have you read the lawsuit?
Click to expand...

Yes. Have you?

You and I will never see eye to eye....so let's put an end to this right now.
 
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Re: Wrongful death lawsuits - Katherine and MJ's kids sue AEG / Murray responds to Joe's lawsuit

well, Kathrine and Joe cases are based on getting $$$$ the profits not the truth,,, it seems that MJ's image and Prince's name will be used to get money and not to find the tuth !

Travis Payne, M. Bush, Karen Faye and of course Frank Dileo all are as much responsible as Ortega if negliction is his crime but, the family case is only after the guys with the cash and this is not a good sign...

to let go of Murray since he is broke and coming after Kenny because he is rich is immoral !
 
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