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Katherine Jackson vs AEG Live - Full Case History / Summary

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Katherine Jackson first amended possible Witness list - as of April 15

(Additions in green, removed names in red)

Katherine Jackson / Prince Jackson / Paris Jackson / Paul Gongaware / Randy Phillips / Jeffrey Adams / Dr. David Adams / Daniel Anderson/ Phillip Anschutz / Dr. Frederic Askin(removed) / Raymone Bain / Ramone Baines(removed - could be a typo) / Richard Barnet (removed) / Tom Barrack / Martin Blount/ Michael Bearden/ Dan Beckerman / David Berman / John Branca / Dr. Emery Neal Brown / Ellen Brunn / Michael Bush / Kai Chase / Patrick Cousins / Dr. Charles Czeisler / Jenna Daddario EMT / Kelly DiStefano / Melissa Elias / Arthur Erk/ Joyce Essex / Alimorad Farschian/ Karen Faye / Lou Ferrigno / Dr. Stuart Finkelstein / Peter Formuzis / Maritza Glassman / Paramedic Mark Goodwin / Dr. Stephen Gordon / Hosny Habashy / Dennis Hawk / Reynold Henry EMT / Cathy Hilton / Julie Hollander / Alejandra Jackson / Jackie Jackson/ Janet Jackson/ Jermaine Jackson / Marlon Jackson / Rebbie Jackson / Randy Jackson / Taj Jackson / Tarryl Jackson/ TJ Jackson / Tito Jackson / Trent Jackson / Quincy Jones / Kathy Jorrie / Michael Kane / Arnold Klein/ Michael Laperruque / Cherilyn Lee / Spike Lee / Tim Leiweke / Hendrikus Lemmens (removed) / Carlos Letelier DDS / Arlyne Lewiston / Detective Orlando Martinez / Dr. Gordon Matheson/ Cindy Medina / John Meglen / Tom Mesereau / Dr. Allan Metzger / Tom Miserendo / Amy Morrison / Roselyn Muhammad / Dr. Conrad Murray / Barry Nadell/ Prince Rogers Nelson / Kenny Ortega / Sharon Osbourne/ Ray Parker Jr / Amy Pascal/ Travis Payne / Lisa Marie Presley / Howard Rile / Dr. Christopher Rogers / Diana Ross / Debbie Rowe / Amir Dan Rubin/ Alif Sankey / Dr. Lakshamanan Sathyavagiswaran/ Madeline Schilder / Dr. Sidney Schnoll / Jean Seawright / Paramedic Richard Seneff / Dr. Myer Shimelman / Barry Siegel / Dr. David Slavit / Janice Smith/ Scott Smith/ Dr. Alon Steinberg / Dr. Barry Swerdlow / Mark Tadrisi DDS / Evvy Tavasci / Tohme Tohme / Shawn Trell / Anthony Urquidez / Carl Virgil / Daniel Wallace / Frederick Webking / Bill Whitfield / Debra Willis / Dr. Daniel Wohgelernter / Timm Woolley

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AEG Live full possible witness list - as of April 15

(Additions in green, removed names in red)

Dr. David Adams / Jeffrey Lee Adams / Marcel Avram / Irving Azoff / Tom Barrack / Michael Bearden / Daniel Beckerman / Martin Blount / John Branca / Ellen Brunn / Jeffrey Telle Cannon / Frank Cascio / Melissa Elias/ Dr. Alimorad Farshchian / Lou Ferrigno / Dr. Stuart Finkelstein / David Fournier / Kenneth Froelich / Paul Gongaware / Dr. Stephen Gordon / Dennis Hawk / Julie Hollander / Dorian Holley / Dr. Hosny Habashy / John “Bugz” Houghdahl / Janet Jackson / Jermaine Jackson / Joe Jackson / Katherine Jackson / Latoya Jackson/ Prince Jackson/ Paris Jackson / Randy Jackson / Rebbie Jackson / TJ Jackson / Tito Jackson/ Kathy Jorrie / Michael Kane/ Dr. Lawrence Koplin / Bruce Lang / Michael La Perruque / Cheryln Lee / Arlyne Lewiston / Joseph Marcus / John Meglen / Dr. Allan Metzger / Kim Moore-Mestas / Amy Morrison / Steven Lloyd Mortensen/ Roselyn Muhammad / Dr. Conrad Murray / Consuelo Ng /Sarah O’Leary Sinnorai / Kenny Ortega / Bob Parks / Travis Payne / Randy Phillips / Jeffre Phillips / Dr. Christine Quinn / Dr. Neil Ratner / Debbie Rowe / Dr. Gordon Sasaki / Dr. Scott David Saunders / Madeline Schilder / Richard Sherman / Barry Siegel / Dr. David Slavit / Janice Leigh Smith / Dr. Mark Tadrissi / Evvy Tavasci / Dr. Tohme Tohme / Shawn Trell / Anthony Urquidez / Dr. William Van Valin II / Dr. Carl Virgil / Stacy Walker / Frederick Webking / Bill Whitfield / Alan Whitman / Timm Woolley / Taunya Zilkie

Retained experts : William Ackerman / Eric Briggs / Arnold Dicke / Dr. Paul Earley / William Flynn (removed)/ Dr. Gary Green / Marty Hom / Dr. John R. Iacovino (removed) / Dr.Norman Elliott Lepor/ Dr. Petros Levounis / Mark Allen Roesler (removed) / Dr. Christine Nai-Mei Sang / Dr. Karl Williams (removed) / Rhoma Young

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Estate's motion to seal medical records / depositions dated April 15

Estate mentions they have filed 3 motions to seal in this case to protect Michael's confidential medical records and/or information. Estate points out Court of Appeals have agreed that Estate has made a convincing argument that the documents continue to be kept under seal for the time being. Estate also has 2 more motions set to be heard in August 2013.

Estate argues that some of the medical matters being discussed at Murray criminal trial does not make the rest (the ones not mentioned at Murray's trial) public. Estate also points out that the court had previously agreed that medical records and depositions discussing those medical records should be sealed.

Estate mentions they aren't a party to the case, they did nothing to put Michael's medical information at issue. Estate also points out that a criminal trial does not constitute for Estate waiving doctor-patient privilege.

(Ivy's note: Michael's medical records are still conditionally under seal but there will be hearings in this regard this week. Some of the seal / protective order might be removed or some medical records can come public during the trial)

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AEG's opposition to release jury questionnaires

AEG states that jury questions included sensitive personal information, the media have reported many personal and identifying information and zealous MJ fans are attending the proceedings and seeking out personal contact with parties and their lawyers.

AEG argues if the jury questionnaires are released such sensitive personal information that the jurors provided will be posted all around the Internet and remain there forever. This will hurt jurors privacy. AEG argues that the jurors weren't told that the questionnaires could become public and they weren't given the option to answer questions in private - and not in writing.

AEG argues that passionate MJ fans and media would use these information to identify the jurors. AEG argues MJ fans can seek out the jurors and even try to influence and intimidate and even threaten them - or at least have inappropriate communications with the jurors. AEG again mentions one specific fan and their experience with that fan as evidence that MJ fans "more than willing to resort to such extreme measures".

AEG also argues that if these questionnaires become public , in the future high profile cases potential jurors will not be honest in fear that the information they provided could become public too.

So AEG asks the judge to not release the juror questionnaires or in alternative release redacted version. The motion states that Katherine's lawyers want the jury questionnaires to be released.

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AEG's motion to preclude Katherine's past due discovery

AEG is trying to exclude 4 late trial discovery issues coming from Katherine. The information below

1. Late produced documents:

In April 2011 AEG had asked for documents from Katherine about Michael's relationship with Katherine and his kids. Katherine objected and refused to produce any documents. April 2012 before AEG filed a motion to compel Katherine, they have provided 140 pages to AEG. AEG kept asking Katherine to give them the rest - final requests being at February and March 2013.

AEG states on April 1st 2013 - one month after the discovery cutoff and 1 day before the trial start - Katherine provided them more documents including pictures and videos and said they can give other stuff later on.

AEG is asking the court to exclude these stuff that was given to them late on April 2013.

Note: Some stuff provided to AEG includes the following (not a full list)
March 6 : 5 pages of notes and doodles by MJ's kids, 68 pages of notes and ideas in MJ's handwriting, 30 pages of business documents
April 1 : May 2009 family photo, photo of a toddler and bathtub, school photograph, little league photograph, home video of Michael giving his children a puppy on Christmas & a lot of photos from MJ's photo shots with his kids.

2. Late identified witnesses

AEG is stating March 14 was the deadline to submit witness lists. Yet Katherine have added Tom Mesereau as a possible witness on March 21. On April 3rd they added Sharon Osbourne. On April 15 - one month after the witness deadline - Katherine has added 14 more people to her witness list.

AEG says Katherine only provided explanation to why she wants to call Tom Mesereau as a witness and did not give any explanation to why she wants to add the other 15 people and why they didn't do that on time.

AEG states Tom Mesereau's testimony is not necessary as AEG will stipulate that Michael was acquitted in 2005 trial. AEG argues Katherine should not be allowed to call the other 15 people that have been added late to the witness list.

3. Late identified and improper designation of William Ackerman

Ackerman is a CPA and an retained expert for AEG. He is expected to talk about Michael's finances , the support Katherine received from Michael and any alleged economic loss.

On April 9, Katherine's lawyers say that they will cross list Ackerman as a fraud expert.

AEG states a) time to designate experts have passed b) fraud is not a cause of action in this case c)fraud is not an area of expertise for Ackerman. So AEG argues Katherine's request to cross-list Ackerman as a non-retained fraud expert should be denied.

Note : the motion mentions Katherine want to elicit Ackerman's opinion that a certain document is somewhat fraudulent. This document was produced more than 9 months ago (June 27 2012).

4. Katherine's improper non-retained experts should be excluded

Katherine had listed more than 84 non-retained experts. AEG had previously went to court and the court have ordered Katherine to limit her non-retained witnesses to the ones she intends to call during trial. March 18 was the deadline for this. However Katherine have not withdraw anyone from her non-retained witness list.

AEG states on April 15 - one month after the deadline- Katherine withdraw some experts and added some new ones. Her current non-retained expert list includes entire LA Police, Fire and Coroner departments.

AEG is asking the judge to excluded parties that have not been individually identified such as "entire LA coroner"

4. Late requests from MJ Estate

January 2013 Katherine's lawyers filed a request from MJ Estate asked Estate to give them documents from AllGood and Lloyds lawsuits. Estate objected to this request stating that all the documents were protected by protective order by respective courts. Katherine's lawyers never filed a motion to compel (asking the court to order the Estate to give them the documents) April 12 - 3 months after Estate's rejection and 2 weeks after motion to compel deadline - Katherine is again asking for the same documents from MJ Estate.

AEG is asking the judge to prohibit such late discovery.
 
May 5th updates

Appeal notice

Case summary was showing this “04/26/2013 Notice of Appeal Filed by Attorney for Plaintiff/Petitioner” but we did not have any information.

The added documents show that this appeal is filed by Katherine Jackson and it’s about judge’s decision to dismiss the complaint against AEG Inc. and Tim Leiweke. In other words Katherine’s lawyers are asking the Appellate court to reverse the judge’s order of dismissing the complaint against AEG Inc and its CEO.

Updates to this appeal can be followed from this link : http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=2&doc_id=2044484&doc_no=B248420

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MJ Estate’s motion to seal medical record

Estate’s motion to seal medical records is denied and the medical records are ordered to get unsealed.
Judge’s reasons for denying the motion to seal medical records include: court records being presumed public, public’s right of access to information, both Katherine and AEG stating they will be relying on medical records, how Michael’s medical history is the main issue in this trial, parties right to fair trial and how it would be impractical to close down the courtroom to public when medical information is presented.

The same day of this ruling Estate has filed a second amended notice of motion to seal which would be heard August 16, 2013.

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Redaction decision

Judge decided to redact:
- Gongaware’s personal email
- Kathy Jorrie’s personal phone number
- Nanny Grace’s social security and bank account number
- In TII salary information:
------ Names of the musicians, dancers and stagehands will be redacted
------ Other tour professionals (names and salaries) will not be redacted.

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AEG's motion to preclude Katherine's past due discovery

AEG had filed a motion to preclude some last minute submissions and additions done by Katherine. You can read the details here: http://www.mjjcommunity.com/forum/t...ummary/page3?p=3812341&viewfull=1#post3812341

This is judge’s decisions

1. Late produced documents: AEG’s motion is denied and Katherine can use these late produced documents which consist of family pictures, videos and handwritten notes of Michael.

2. Late identified witnesses

AEG’s motion to exclude Tom Mesereau and Sharon Osbourne is denied however the Judge said AEG can depose them before they take the stand to testify.

Court is also allowing the 14 additional names on Katherine’s witness list.

3. Late identified and improper designation of William Ackerman

Jacksons withdrew their request to cross list Ackerman as a fraud expert.

4. Katherine's improper non-retained experts should be excluded

Judge states witness listings such as “Entire LA coroner office” is improper and ordered to be corrected.

4. Late requests from MJ Estate

January 2013 Katherine's lawyers filed a request from MJ Estate asked Estate to give them documents from AllGood and Lloyds lawsuits. Judge states that AEG has no standing to oppose to late requests from MJ Estate. Judge states both parties can request documents from MJ Estate.

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Request about Lloyd’s depositions

Katherine’s lawyers also served AEG with a request for all deposition transcripts and discovery and responses at Lloyds lawsuit on April 15. AEG is citing protective order on that case and refusing to turn those over to the Jacksons. No ruling posted on the online court system yet.

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Rulings on motions in limine

Most of these motions were filed conditionally under seal so in most instances it’s impossible to tell what the main arguments are.

Judge starts both ruling stating that whether Murray was hired by AEG or not is a question for the jury to decide and therefore experts cannot provide an opinion that Murray was hired by AEG but they can answer hypothetical questions that assume Murray was hired by AEG.

AEG’s motion in limine

Exclude Jacksons expert Dr. Wohlgelernter (opinion 2) - Denied

Judge says Jacksons expert can testify that the equipment request by Murray was unconventional (red flag) for a 50 year old man with no heart disease. Judge says AEG’s expert can argue that the equipment request was for dehydration. Judge points out the jury will decide on what the reason for the equipment was and what AEG known or should have known about the request.

Exclude Jacksons expert Dr. Schnoll – Denied in part, granted in part

Granted in regards to opinions 1, 3, 14 : Jacksons withdrew opinions that “it was common knowledge that MJ had drug problems” and “AEG knew MJ had insomnia”. The opinion of “AEG’s choice of Murray killed MJ” is excluded as it’s argumentative.

“Murray was in a conflict of interest that lead to poor decisions as it concerns treatment for narcotics addiction” is permissible.

Denied as to opinions 2 and 4-13 : AEG’s opposition is based on the fact that Dr. Schnoll’s opinions are based on his assumptions such as “AEG knew MJ had trouble sleeping”. Judge states this is not a reason to exclude these opinions and AEG can attack the foundation of such opinions during testimony.

Exclude Jacksons expert Dr. Shimelman – Denied in part, granted in part

Denied as to opinions 1, 3-7, 9-12: As in the case of Dr. Schnoll these opinions are based on assumptions and again the judge points out AEG can attack the foundation of such opinions during testimony.

Granted in regards to opinions 2 and 8: Jacksons withdrew opinion 2. Judge excluded “ AEG was the only entity that could stop MJ’s addictions” as it’s pure speculation.

Judge also points out that Dr.Shimelman’s testimony is repetitive of Dr. Schnoll’s testimony in many points and expects that Jacksons will tailor their questions to these experts so it won’t be repetitive.

Exclude Jacksons expert Dr. Czeisler – Denied in part, granted in part

Denied as to opinion numbers 1-6 and 8
Granted as to opinion numbers 7 and 9
(No explanation given on judge’s ruling as what these opinions are)

Exclude Jacksons expert Arthur Erk– Denied in part, granted in part

Granted only as to the Tier 2 damages except future tours and royalty bump (which are permitted).

Court agrees with AEG that speculative damages are not allowed and this is why most of the items in Tier 2 such as amusement parks etc are excluded.

Judge says as MJ in the past participated in endorsement deals, clothing lines and movies, doing these in the future are considered as potential loss of income and not as “speculative”. Judge states that AEG can point out MJ’s failed endeavors in the past in their cross examination.

Exclude Jacksons expert Peter Formuzis– Denied in part, granted in part

Denied as to present value calculations, granted as only the opinions about future lost earnings and earnings capacity.

Exclude Jacksons expert Jean Seawright– Denied in part, granted in part

Granted as to the opinions that “AEG hired Murray” or “AEG was careless in their supervision of Murray “as it’s argumentative and a decision for jury. Denied as to human resources practices and standards.

Exclude Jacksons expert David Berman– Denied in part, granted in part

Granted as to the opinions that “AEG hired Murray”, “AEG put the tour happening over and above health of MJ” and also Berman’s opinions about who – AEG personnel or others – are credible or not. All of these are argumentative and is a question for the jury to decide.

Denied as to music artists management and relationships. Judge states Berman’s opinions based on his “common sense” is okay as long as they also rely on his 44 year experience in music industry.

Exclude Jacksons expert Dr. Matheson– Denied in part, granted in part

Granted as to the opinions that “AEG hired Murray” and “conflict of interest caused MJ’s death or was a substantial factor in MJ’s death” as they are argumentative and is a decision for jury.

Denied as to the opinions of ethics and conflict of interest among a physician (Murray), patient(MJ) and a third party(AEG). AEG had tried to exclude Dr. Matheson saying that he was a sports medicine expert and not a tour doctor. Judge finds out that Dr. Matheson’s expertise about doctor, athlete and coach/team owner is relevant and comparable to this situation.


Jackson’s motion in limine

Exclude AEGs expert Eric Briggs – Denied in part, granted in part

Granted as to the income / value of MJ Estate and its effect on damages. Jacksons also agreed that they will not introduce post-death increase in the value of MJ Estate and argue that the increase is an indicator of MJ’s earnings had he lived.

Denied as to MJ’s future earning potential – media/ entertainment rights.

Exclude AEGs expert William Ackerman – Denied in part, granted in part

Granted as to the amount Jacksons receive from MJ Estate including TII film proceeds.

Denied as to MJ’s debts as MJ’s financial condition at the time of his death has relevance to his future earnings potential.

Exclude AEGs expert Arnold Dicke – Denied

Dicke – an actuarial- has said he cannot testify to the exact number of years MJ would have lived however the judge has ruled that he can testify to a range of years, a general opinion of life expectancy and any deviation from standard life expectancy tables.

Exclude inquiry of business dealings and personal life of Jacksons experts Barry Nadell - Denied

Judge states Nadell has many other business and AEG can explore the amount of time – if any- Nadell actually spends on his background investigation business. Furthermore judge states Nadell’s testimony in which he said he didn’t realize his facebook was public implicates credibility and expertise in background investigations.

Exclude AEGs expert Rhoma Young – Denied in part, granted in part

Granted as to the opinion of “Murray was not hired”

Denied as to the opinion that “negotiations for an independent contractor” (more about this below).

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Independent contractor versus Employee

AEG and Jacksons were having disagreements about in regards to independent contractor and employee. They asked Judge for a clarification.

AEG claims as the judge has dismissed the respondeat superior, court found that Murray was an independent contractor and not an employee.

Jackson’s disagree and say that court’s ruling did not establish any facts and Jackson’s can argue to the jury that Murray was AEG’s employee.

Judge responds to clarification as it follows :

"Plaintiffs (Jacksons) asked for clarification that the court found Murray was “as a matter of law” not an employee”. The court finds that based on evidence presented at summary judgment that it is the “law of the case” Murray (assuming he was hired) was an independent contractor and not an employee. This is so because the court summarily adjudicated Plaintiffs (Jacksons) respondeat superior claim/ theory in favor of Defendants (AEG)”

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May 11 Update

Michael Bush Deposition

Michael Bush is one of the witnesses that is late added by Jacksons. AEG wants to depose Michael Bush before he testifies. IT's not clear if Jacksons actually plan to call him to stand.

Conrad Murray police interview

Jacksons and AEG is arguing over Murray's interview with the police on June 27 2009. (This is the interview that was shown during the criminal trial).

AEG wants to use the interview to show that Murray said Michael asked him to be on his team, and Murray believed that he was the employee of Michael Jackson. AEG says this will show Murray's state of mind. AEG says Murray's state of mind can show that AEG and Murray never entered into a contract and it rebuts that Murray had conflict of interest or divided loyalties.

AEG points out that Jackson experts use other parts of the interview (that Murray gave Michael propofol for 6 weeks, Murray talked with AEG people at the hospital and how Detective Martinez learned 3 bags of Propofol from Murray and so on) but oppose AEG using this part of the interview. AEG calls it unfair.


AEG states statements that show state of mind, emotion, physical sensation, intent, plan, motive is admissible when they are used to show the person's state of mind and and explore or prove act of conduct of that person.

Jacksons respond to this calling Murray's interview inadmissible hearsay. Jacksons also argue that Murray's belief that he was MJ's employee is irrelevant and whether Murray was employed or independent contractor of Michael or AEG needs to be determined on the basis of several objective factors. Jacksons also ask Murray's statement about employment to be excluded because it can mislead the jury. Overall Jacksons argue that it's the jury that should determine whether Murray was hired by AEG or Michael.

AEG responds pointing out Jacksons arguing Murray's state of mind being irrelevant is outrageous. AEG argues that Murray's statements aren't hearsay because they won't be offered as truth , they will be just offered as evidence.

AEG states that they don't plan to use the statements to argue or prove that Murray was Michael's employee. They say that the statement shows that Murray did not consider himself to be contractually bound to AEG Live. Similarly AEG argues Murray's subjective belief as who he was actually working for is relevant to determine whether in fact Murray could have felt the pressure claimed by Jacksons. AEG argues Murray could not have felt pressure from a conflict he did not know existed. AEG states Murray's statement shows Murray did not believe he was in the service of AEG Live at the time he treated Michael, is admissible to show his state of mind.

(Note: These last set of documents also again reference that "Murray was at most an independent contractor is the law of the case")
 
2 versions of Murray's contract

undated early version

http://www.scribd.com/doc/128116431/CM-AEG-Agreement

june 23rd version

http://www.scribd.com/doc/158739657/Murray-AEG-June-23-Contract

producer / artist changes mentioned at testimony

earlier version mentioning services requested by producer

part 1

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part 2

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june 23 version services requested by artist

part 1 changed

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part 2 unchanged

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other changes between these two versions

-effective date from june 2009 to may 2009 (first line)
- term from july -september 2009 from july 2009 - march 2010 (recitals A)
 
Heads up : AEG want to play Jacksons expert Shimelman deposition, Jacksons are opposing. Shimelman is the doctor who said Michael had one week to live (mentioned by Briggs during his testimony). In his deposition he says Michael was addicted to opioids / Demerol since 1993 and never stopped using them (getting injections even when he had the implant) and actively addicted to Demerol at time of his death. He lists almost all of Michael's doctors for giving him not good medical care.

AEG has 2 of their own witnesses to testify to similar things.

I'm going to do this in bullet point format, it's basically shortened versions of what they are saying

Shimelman - Jackson expert

- addicted specifically to Demerol
- addicted to opiates and benzos
- actively addicted to opiates at the time of death
- Q : assuming MJ did not die on June 25th, how much his life expectancy affected by opiod and benzo addiction? A: one week to live
- assuming he's not getting propofol, he was getting benzo and his life expectancy reduced moderately
- if murray is treating, clock is running
- believes active opiate addict after 90 rehab
- was not abstinent during the implant, he had another doctor injecting him
- doesn't believe Michael was clean 02/03, has slight hope but not belief
- doesn't think Michael was successful getting of the drugs between 90s to 2009
- no intention to get clean in 2009
- got bad medical treatment from Klein, Metzger, Van Valin, Farshchian, Forecast and so on
- addicts always hide addiction

Earley - AEG Expert

-doesn't think he could have done a better job to get Michael in recovery in 2009 based on asking for Propofol from multiple people showed drive for it
- addicted to opiods in 2009 , primarily to Demerol
- not enough evidence to conclude addiction to benzos and propofol
- death not caused by Demerol
- synergy between Demerol, Propofol and benzos
- opiods addiction dating back to 90s, the longer someone on it worse chances for recovery
- can't give a number/ age for life expectancy , can give the risk factors
- use of multiple drugs, drugs synergy increases risk of accidental overdose prematurely
- concerned MJ would never would have gotten better, had obstacles for recovery
- propofol is also dangerous due to multiple factors such as setting it's given, synergy with other drugs, effects of it and so on
- propofol causes an aggressive dependency , hard to get off it.
- no liver damage
- spider bite on his leg could be a injection site infection
- scars from needles
- suboxone treatment is discussed. requires giving suboxone, no benzos (which can interact), full disclosure of drug sources, random drug testing.
- uses grave prognosis medical term meaning very serious condition, Jackson lawyer starts referring to MJ as a "goner", asks Jackson lawyer stop referring MJ as goner saying it's offensive.
- several questions from Jacksons lawyers if he is hired to give a low life expectancy for Michael, disagrees with that, saying it's the truth, he is doing his job, this is such a tragic situation

Levounis - AEG expert

- substance addiction, could be underlying psychiatric reasons
- 2009 opiod addiction, Demerol primarily , Percocet second
- cannot say if benzos rises to the level of full addiction
- cannot say alcohol was an addiction
- 2009 reasonably certain of propofol addiction based on frequency and deterioration (missing appointments , not able to function 100%)
- 1993 to 2009 opiod addiction, probably started before 1993
- there are highs and lows in opiod use between 1993 and 2009, wouldn't say there were full remissions
- 93 rehab, Debbie Rowe detox, implants and Dr. Saunders trying another drug are the lows
- doctor shopping well documented
- spent a lot of time and effort to get Demerol shots
- occupational consequences of drugs such as cancelling or postponing meetings
- doesn't think Michael had the motivation or mindset to get clean in 2009, unlikely he would go to a doctor and want to get clean
- if he did want to clean, he would do a full psychiatric exam,give drugs if needed for those, probably Buperborphine, therapy - individually and as a group, 12 steps program, suboxone
- motivation to seek treatment factors: court order (court orders rehab or jail), family members pressure (wife threathening to leave), job pressure (get clean or get fired), person realizing a problem (internal motivation)
- opiod addiction could be due to genetics (some people are more likely to be addicted) or use of the drug itself (use it for a long time brain craves it)
- severe addiction, chronic relapses, life expectancy poor, cannot give a number / age
- significant possibility for accidental overdose
- weight loss and constant dehydration could be the physical effects of opiod addiction
- overall prognosis is poor, addicts could have good days and bad days. some days he can look good and be on the top of his game and other days the opposite
- even if propofol is removed seeking high amounts of demerol every few days, addiction is there, still severe effects on life expectancy
- even without propofol conditions are still very poor but a little better than with propofol
- other doctors giving opiods in addition to Klein, synergy effects
- high possibility of accidental overdose : multiple doctors giving drugs without knowing what the other one giving, unless Michael is calculating / keeping track what he's taking from multiple docs there's a risk, high amounts after a few day breaks is a risk

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Notes

- Percocet mention is coming from Dr. Sasaki. Apparently he prescribed it twice and refused to give it a third time. This was 93.

Metzger deposition parts

- Klein socialized , had more personal relationship with Michael
- Klein was like a mother hen , like to be the first door, handling a lot of medical stuff. sometimes call Metzger (Debbie called him), told about Michael's complaints, asked for advice , medical care. Metzger would give advice without seeing Michael. If it concerned him, he would ask to see Michael.
- Metzger prescribed Plaquenil for lupus
- Metzger says he never knew Michael would be having surgery
- Hoefflin had unusual views regards to Michael's health, trying to advise on general health, a lot feelings about sleep, herb medicines
- Metzger tried melatonin, echinacea and prescription meds for Michael's insomnia
- Metzger heard concerns about Michael taking too much pain medicine from Karen, Debbie, Klein and Hoefflin, Michael never told him what he was doing
- Metzger once talked with Michael saying getting A from Dr. A and getting B from Dr. B can hurt him. He told Michael to minimize pain medicine he was taking for any surgery.
- Metzger provided some drugs for 93 tour and says Michael left for tour against his wishes, he was too sick and Metzger did not want him to leave
- Metzger had concerns about Ratner and what he was doing for sleep but did not know specifics
- at least 2-3 times Debbie told him her concerns saying Michael was getting medicines for minor procedures when no one else does.
- they tried to replace Demerol with another agent. Metzger cannot remember what but it could placebo, Toradol or Talwin
- Metzger says Klein felt stuck. He needed to do these surgeries on Michael and he had a low pain threshold so he needed to give Demerol. Klein would sometimes say to Metzger "I wish I could give him something else"
- Metzger heard from Klein that he was trying to convince Michael to take less pain medicines

note : most of the above seems to be 1993.


- Van valin removed the implant from right lower abdomen because the wound was infected. he did not know what the implant did. He gave Michael Levaquin for infection. Looks like later on he asked Farshchian how the implant worked.

- Gordon is a doctor that Michael went to get fillers in his face before TII. Murray called Dr. Gordon for the procedure. After the procedure Gordon did not provide any post care or pain medications because Murray told him he was Michael's personal doctor and he was taking care of Michael's day to day needs.
 
Jackson's motion for leave to amend
Jackson motion
Jackson lawyers have filed a motion to amend their complaint to add a claim of negligence.
Jackson lawyers state their original complaint first claim was dismissed by the judge because the judge ruled there was no "duty of care". Jackson lawyers argue that the evidence presented has established a duty of care and allege that AEG performed their contractual duties as producer negligently (paragraph 8 of the contract list AEG's duties)
Evidence to show AEG breached its duty
- Hiring of a physician creating conflict of interest
- Norm was to decline the hiring request and require MJ hire his own physician
- Insertion of AEG into negotiations creating conflict of interest
- Murray’s contract terms written by AEG and giving AEG termination power
- Demand of $5 Million being a red flag
- Abrupt drop to $150,000 a month should have raised a red flag that the services were illicit
- Amount of $150,000 should raised a red flag Murray would be providing drugs to Michael
- Threat of losing $150,000 would create pressure for Murray
- AEG’s communications with Murray inferred with patient-doctor relationship
- Allowed Murray act as MJ’s physician despite red flags
- Failed to realize the deterioration and halt the production until MJ was assessed by specialists
- Failed to remove Murray when Michael was deteriorating under his care
- False statements to Ortega and others
- Creating pressure for both Michael and Murray with no cancellation insurance to cover the increased production costs
- Resulted in drastic measures taken by Michael and Murray on June 25th

AEG’s opposition
AEG is opposing the above motion saying that the negligence claim was dismissed during summary judgment and by law it cannot be revisited. AEG specially points out the part in Jacksons motion where they have said they raised the contract issues before.
AEG also argues that everything Jacksons list is actually the same elements of their negligent hiring claim and is not a general negligence claim. They list where some of the above elements were mentioned during summary judgment and state that law states same facts cannot support negligent hiring and general negligence.
 
AEG's motion of nonsuit

As Ortega's testimony concluded Jacksons case in chief, AEG has filed a motion for nonsuit - meaning they are claiming Jacksons did not meet burden of proof and case needs to be dismissed. In the alternative (if the whole nonsuit motion is not granted) , AEG is asking for dismissal of individual defendants - Phillips &Gongaware

AEG’s main motion

AEG states Jacksons failed to meet their burden of proof on the negligent hiring claim.

AEG states case law that says in California negligent hiring requires “the contact between plaintiff and employee was generated by the employment relationship” and “if employee met plaintiff as a result of something other than employment, a duty will not be imposed on employer”. AEG states this is the case here and the contact between Michael Jackson and Conrad Murray was not created by the AEG- Murray employment. AEG states it is undisputed that Michael and Murray have met in 2006 and Murray started treating Michael before any relationship between AEG and Murray. AEG also adds that when Michael told AEG he wanted Murray, both Phillips and Gongaware advised Michael to hire a doctor in London but Michael rejected it and continued with Murray. AEG states AEG did not start Michael / Murray relationship and they did not have the power to end it.

AEG continues to state that negligent hiring claim requires Jacksons show that AEG knew or should have known Murray posed a particularrisk to Michael and they hired him nonetheless. AEG states Jacksons failed to show that AEG knew or should have known Murray posed the risk of harming Michael through improper medical care.

AEG states knowledge about Michael’s 93 painkiller addiction and knowledge that Michael appeared ill at times (during 2009) would not put AEG on notice that Murray , a doctor chosen and treated Michael for years ,might kill Michael through an overdose of anesthesia. AEG states even if they discovered what Jacksons state about Murray – debts, judgments, hospital privileges being suspended due to recordkeeping issues- it would not show that Murray would harm Michael through incompetent medical care. AEG states there’s no evidence that Murray harmed a patient before.

AEG states Jacksons failed to demonstrate knowledge and harm. AEG states CA case examples to demonstrate that CA law requires a closer nexus with the knowledge and actual harm. Examples include appeal court rulings of : knowledge an employee used drugs and abused his position to gain sexual favors did not put employer on notice that employee might sexually assault a fellow employee. Another example is knowledge of a priest breaking his celibacy wow and having sex with adult women did not put the church on notice that the priest would molest a minor child. There are other several examples provided.

AEG states there have been never an example that debt makes criminal conduct foreseeable like the Jacksons claim. They state debt does not make a person professionally incompetent. They state there’s no relationship between debt and medical malpractice. AEG also argues that Michael’s thinness or sickness before his death would not put AEG on notice that Murray was harming Michael through improper treatment in his bedroom. AEG states there’s no way from Michael’s symptoms (shivering, obsessive behavior) , AEG could have concluded Murray was administering Michael propofol in his bedroom. AEG states even the people closest to Michael (his children, his chef, his friend of 27 years Karen, Sankey)could not conclude Murray might harm or kill Michael. They state if the people closest to Michael could not conclude this, there’s no way Phillips and Gongaware could come to that conclusion. AEG states there’s no evidence that anyone knew Murray was violating his oath while treating Michael. AEG states Murray and Michael kept propofol a secret from everyone and when the employee (Murray) and the victim (Michael) hide the wrongdoing, the employer (AEG) is not required to uncover it. They cite several cases which says employer cannot be liable about employee’s conduct when no one complained about the conduct.

AEG adds that negligent hiring claim requires it must be something in employee’s (Murray) past that should put the employer (AEG) at notice and victims (Michael) past personal difficulties with drugs cannot be used for required proof of AEG’s knowledge about Murray.

AEG states there has been no evidence to show that AEG knew about Murray’s propofol treatment and even if they did as lay person they weren’t qualified to understand that administration of Propofol at a home setting was improper. AEG cites several cases where corporations weren’t held liable for doctors actions as they cannot evaluate a doctors treatment and control or intrude into a doctor – patient relationship. AEG states it’s the same situation here. AEG states medical boards that grants licenses to doctors have determined Murray to be a fit physician.

AEG also states that Jacksons fail to show that AEG’s conduct was substantial factor in Michael’s death. Law requires AEG’s conduct to be a substantial factor. AEG states Jacksons failed to show that AEG’s alleged hiring of Murray caused Michael’s death. AEG again states that Michael knew Murray since 2006 and Murray had treated Michael since as early as 2006. Jackson lawyers themselves have said that a security guard of Michael introduced him to Murray – not AEG. AEG states Jacksons own evidence shows that AEG got nothing to do with Murray and Michael coming in contact.

AEG adds that there’s evidence that shows Murray was ordering propofol before AEG even heard of him.AEG states Jacksons argued AEG created a conflict of interest between Murray and Michael and that caused Murray to administer propofol but AEG states Jacksons expert testified that Murray ordered propofol before any alleged conflict. Furthermore both Phillips and Gongaware tried to convince Michael to hire a doctor at London and not bring Murray but Michael refused. AEG states Phillips and Gongaware was powerless to separate Michael from his long time doctor Murray. AEG states there’s no relationship between Michael choosing and retaining Murray and anything AEG did. AEG explains that as Michael went to Murray as a doctor without AEG’s involvement (as back as 2006) , as Michael choose to retain Murray against recommendations by AEG, it is only logical to conclude that AEG did not cause Michael to submit to treatment by Murray which caused his death. AEG says this shows nothing AEG did caused harm to Michael and they did not have the power to prevent it.


Alternative motion

In the alternative – if the judge does not grant the above main motion and dismiss the whole case due to not meeting the burden of proof- AEG is asking the judge to remove / dismiss Phillips and Gongaware as defendants.

AEG states the negligent hiring claim puts the liability of the employer and not the employees of the employer. AEG states neither Phillips nor Gongaware employed Murray personally. AEG states even if the judge thinks there’s enough evidence to suggest AEG Live might have hired Murray, there’s nothing to suggest negligent hiring by Phillips and Gongaware as individuals.
 
September 10 Update

Katherine Jackson / Plaintiff's proposed verdict form


1. Was Conrad Murray unfit or incompetent to perform the work for which he was hired?
Yes / No

If you answered Yes then answer question 2. If you answered No stop here answer no further questions.

2. Did defendants know or should have known that Conrad Murray was unfit or incompetent and that this unfitness or incompetence caused a particular risk to Michael Jackson?

Yes / No

If you answered Yes then answer question 3. If you answered No stop here answer no further questions.


3. Did Murray's unfitness or incompetence harm Michael Jackson and the Jackson plaintiffs?

Yes / No

If you answered Yes then answer question 4. If you answered No stop here answer no further questions.

4. Was defendants negligence in hiring supervising and retaining Murray a substantial factor in causing Michael Jackson and Jackson plaintiffs harm?

Yes / No

If you answered Yes then answer question 5. If you answered No stop here answer no further questions.

5. What are plaintiff KJ total wrongful death damages for the death of Michael Jackson?

economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________

Answer question 6

6 What are plaintiff Prince total wrongful death damages for the death of Michael Jackson?

economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________

Answer question 7

7 What are plaintiff Paris total wrongful death damages for the death of Michael Jackson?

economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________

Answer question 8

8 What are plaintiff Blanket total wrongful death damages for the death of Michael Jackson?

economic damages (past support, contribution gifts/benefits) _______________
economic damages (future support, contribution gifts/benefits) _______________
non economic damages (past love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________
non economic damages (future love, companionship,comfort, care, assistance, protection, affection,society, moral support, training and guidance) __________________

Answer question 9

9. Was Michael Jackson negligent in matters related to his death?

Yes / No

If you answered Yes then answer question 10. If you answered No stop here answer no further questions.

10. Was Michael Jackson's negligence a substantial factor in the cause of his death?

Yes / No

If you answered Yes then answer question 11. If you answered No stop here answer no further questions.

11. What percentage of fault for Michael Jackson's death is attributable to

Michael Jackson __________
AEG Live ________________
 
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