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

[Petrarose]

So it appears the judge allowed Katherine's group to see the slides? If this is the case, hopefully we will learn the significance of this?

 

[Bubs]

Michael Jackson’s Mom’s Gets Court Favor
Posted Wednesday, February 06, 2013-4:07 pm

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

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

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

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

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

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

“Accordingly, these X-rays and slides may be used by (plaintiffs&#8217 attorneys and shown to expert witnesses in their preparation of this case,” Boyle wrote.

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

http://sanmarinotribune.com/2013/02/06/michael-jacksons-moms-lawsuit-court-order/

 

[ivy]

I checked documents aren't online yet but there are some other updates

02/06/2013 Ex-Parte Application (for leave to exceed page limits on opposition to msj )
Filed by Attorney for Plaintiff/Petitioner

02/06/2013 Order (granting ex parte application to exceed page limits )
Filed by Attorney for Plaintiff/Petitioner

This is just asking for more pages in their answer to the summary judgment motion (smj). AEG were already given 5 more pages and they agreed that Katherine will get 5 more pages as well.

02/06/2013 Opposition Document (to pltfs ex parte application )
Filed by Attorney for Defendant/Respondent

There's one opposition filed. I wonder what this is. AEG filed an opposition to the coroner's files?

 

[ivy]

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

I think there might be some exaggeration here by Katherine's lawyers. We all know that AEG is planning to argue that they got nothing to do with Propofol and Michael had a history with it. so I'm guessing that's what KJ's lawyers are calling as AEG claiming MJ was at fault. But at the same time I don't think AEG is denying Murray's negligence.

In other words I think AEG's argument would be something like "Michael knew and used Propofol before, he wanted to hire Murray who happened to be his friend / doctor for years and we had no knowledge".

 

[Bubs]

Boyle is an idiot. I don't think AEG at any time or any way are disagreeing Murray's negligence causing Michael's death.
I would think that Boyle said it in order to get judge to approve their request for x-rays and slides.

There's one opposition filed. I wonder what this is. AEG filed an opposition to the coroner's files?

Could it be from the estate? If they filed opposition?


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

I fail to understand or even think how x-rays or slides will help them to shift the blame from Murray to AEG?

 

[elusive moonwalker]

Agree bubs. totally irrelevent. 5,4,3,2,1 until they get leaked and we go through the same b.s as the emails and who did it. talk about scraping the barrel with boyles comments. desperate is as desperate does

 

[goldiee]

This is absolutely an interesting request. I mean I can understand autopsy photos & x-rays to a degree but pathology slides?

Pathology slides are the tissue pieces that the coroner took from Michael's organs so why would anyone want them unless they plan to somehow test those?

Would they be trying to show that his organs were damaged somehow?

 

[goldiee]

Re: Katherine & MJ's kids sue AEG / Trial date delayed to April 2, 2013

I thought they ordered a second autopsy from private/independent "company"?

I would have thought they should have done this request very early on the case and well as summoned Murray, but both were left until very late?

I makes sense that perhaps they were expecting settlement and when it didn't happen, they started working on this case.

I'm beginning to think that second autopsy never happened.

 

[loveforever]

Would they be trying to show that his organs were damaged somehow?

If they damaged somehow, don't you think the coroner would write them down on their autopsy. Why did the coroner say michael was healthy than people his age? I know Whitney's autopsy wrote down her organs showed the sign of long term drug abuse.

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

what a idiot. So the coroner's autopsy didn't find out the causation and liability. Then why Murray locked up.

 

[goldiee]

If they damaged somehow, don't you think the coroner would write them down on their autopsy. Why did the coroner say michael was healthy than people his age? I know Whitney's autopsy wrote down her organs showed the sign of long term drug abuse.


what a idiot. So the coroner's autopsy didn't find out the causation and liability. Then why Murray locked up.

I don't know, that's why I asked. I'm not inside the Jacksons' heads. I don't know why they do the things they do.

 

[Petrarose]

Wait, wait, am I in the Twilight zone, and what is this judge doing? Since when did AEG believe that Muarry was not negligent in Michael's death? Then who gave Michael meds and left him to die? Did Katherine's attorney misrepresent the facts in order to sway the judge to allow this request? Can someone please explain to me what can the slides show about AEG being negligent? I don't get it.

Now the slides will be looked at by experts, so if for example, they find too much of a tissue build up in one area, or the presence of a toxin/chemical produced by the body when it is stressed, are they going to say that AEG stressed Michael that is why the slides show these things? Then how would they attribute something like this to AEG--it could have been caused by Muarry, Michael's worry about the tour, etc. What I am trying to say here is when they find that substance or lack of it from the slides, how would they know it has a direction connection to AEG & not to anyone else?

Since the e-mail situation, this judge began to worry me. I hope AEG is really prepared for this case, because I can see the family displaying a lot of slides, allowing experts to make outlandish rationales to fit the family case. Then we will see headlines like the e-mail one: Michael's Tissue Showed Deterioration form Early On. We all remember the outlandish claims Muarry's team fed to the media months before the trial, which stayed in people's minds even today.

Elusive I agree with you^^. All this because a family wants some money. Poor Michael only his estate cares!!

 

[Memefan]

Let's take bets on how long before these slides are sold to a British tabloid.

Ivy, didn't AEG file a motion to get the case dismissed? Safe to say, this judge will not go for a dismissal. So far, she has sided with the Jacksons on every motion. Yawn.

Another question, didn't Katherine ask for the estate to foot the bill of the wrongful death lawsuit? Did the probate judge allow it?

 

[ilmjj]

Always about money with the Jackson's...

 

[Ashtanga]

And that remains a hot mess

. I want to see what will be the end of this. :fear:

 

[Bubs]

Let's take bets on how long before these slides are sold to a British tabloid.

Ivy, didn't AEG file a motion to get the case dismissed? Safe to say, this judge will not go for a dismissal. So far, she has sided with the Jacksons on every motion. Yawn.

Another question, didn't Katherine ask for the estate to foot the bill of the wrongful death lawsuit? Did the probate judge allow it?

This bit is from second accounting thread:
She also asked the estate for :

onetime payment of $205,401 to cover her professional fees occurred in 2011. Katherine is also asking for additional $34,700 per month to pay for her accountant and lawyers as well as to cover the expenses of family house in Gary Indiana and a residence in Las Vegas. Estate is asking the judge to allow this onetime payment and monthly increase.
------------------------------------------

It really doesn't say if she is paying for lawyers in AEG case or Perry Sanders and Ribeira.

About dismissal, it's nearly time for it. I'n not sure if this is about it:
Future Hearings
02/25/2013 at 08:46 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion for Summary Judgment (CONT. FROM 2-13-132x)

 

[elusive moonwalker]

if the judge is still ruling in favour of the family in motions then imo theres no way they will dismiss the case. i would think the judge has already made their mind up after reading the arguments so if they were gonna throw anything out why bother granting the motion for the slides?

 

[Bubs]

You could be right Elusive, although I really do hope you are wrong.
I was hoping judge will throw this case out before it goes on trial, that way Michael is not abused by press again.

 

[ivy]

About dismissal, it's nearly time for it. I'n not sure if this is about it:
Future Hearings
02/25/2013 at 08:46 am in department 28 at 111 North Hill Street, Los Angeles, CA 90012
Motion for Summary Judgment (CONT. FROM 2-13-132x)

That's the oral arguments, Katherine will file her response next week and then the judge will hear oral arguments on Feb 25th and then it'll be time to decide - can take weeks.

if the judge is still ruling in favour of the family in motions then imo theres no way they will dismiss the case. i would think the judge has already made their mind up after reading the arguments so if they were gonna throw anything out why bother granting the motion for the slides?

You could be right Elusive, although I ready do hope you are wrong.
I was hoping judge will throw this case out before it goes on trial, that way Michael is not abused by press again.

Actually Katherine hasn't filed her response yet so it would be unethical for the judge to make up her mind. She needs to wait to read all the filings from all the sides and listen to the oral arguments. It's possible that she didn't even read AEG's motion yet and waiting to read them all together. I understand the worry here but it is too early to say what will happen. At least wait to read Katherine's response. Then we can determine the chances of the dismissal.

 

[Petrarose]

Ivy I don't know, & usually I am not a pessimist, but the way this judge has been ruling, I am getting the feeling that we will have a trial in April. I see the judge giving them all the chances to prove their case, which will lead to a trial.

If this thing gets to trial, I feel that the family will try to lean on the emotions of the jury--a grieving elderly mom with a pitiful, weak, shaky, disorientated, son who was hounded by a tyrannical company, that overworked him, wrote painful things about him & bla, bla. The company was able to do this because the son was in debt & the company knew he needed the money, so he was forced to do what they said. The company had a meeting & told the son to take meds only from Muarry, thus approving Muarry's medical treatment of Michael, and thus the company is liable for Michael's death, and bla, bla. Then the experts will bring in the slides, and say that research shows that when tissue looks like that it means some specific thing, which they will explain, and this slide thing will cause more labels to be attached to Michael.

It is going to be a mess, because cases where people are going after MONEY tend to be, to me, worse than murder cases, because people will do & say anything for money. I would like to know how much the slide experts will be paid.

 

[ivy]

We can see a trial in April. Summary judgment motions aren't that easy to win.

 

[elusive moonwalker]

Thanks ivy. didnt realise kj hadnt filed her responce yet. still id be very shocked if all of it were dismissed.best hope is for some sections.

part of me hopes aeg settles cause mj being protected is the most important thing and if that means they get a few million i guess its worth it to protect mj as the family have shown they will use and hurt mj by any means if it means the rest of the family can be provided for. i just hope the kids dont get hurt or brainwashed to much. but i guess if its a means to an end interms of showing the kids the families true colours and desires then so be it. every cloud and all that!

 

[passy001]

Thanks ivy. didnt realise kj hadnt filed her responce yet. still id be very shocked if all of it were dismissed.best hope is for some sections.

part of me hopes aeg settles cause mj being protected is the most important thing and if that means they get a few million i guess its worth it to protect mj as the family have shown they will use and hurt mj by any means if it means the rest of the family can be provided for. i just hope the kids dont get hurt or brainwashed to much. but i guess if its a means to an end interms of showing the kids the families true colours and desires then so be it. every cloud and all that!

I don't think aeg should and will settle this. they will fight this till the bitter end of it. It's that simple.

protecting MJ is not aeg's responsibility.

 

[Petrarose]

I don't think aeg should and will settle this. they will fight this till the bitter end of it. It's that simple.

protecting MJ is not aeg's responsibility.

Me too. In no way do I want AEG to settle. I want them to look at the way the family is going about the case, & really have counter-attacks. They did a sloppy job on the e-mails, & I hope it taught them a lesson. I need them to come out strong & crush all the family moves, so that Micahel will come out vindicated here. Because from the e-mails, what grandma said about Micahel's state after she filed her suite, & from the slides you know that the family is fighting dirty too. But what pisses me off is that they are fighting not dirty towards AEG only but dirty towards Micahel as well. And I am showing them no mercy here. I want no settlement, and if AEG loses this case, I will blame it on them, for not doing enough homework.

In fact, I will write to them in advance & tell them that i expect them to win this case, & will blame them if they do not--not that they care about me & what I say.

This case more than the muarry one, is angering me the most, and I think it has something to do with the fact that Michael's own family is the one who is causing the most notoriety & unpleasantness for him, being mad when his estate push to have evidence sealed, and going against his wishes for privacy.

 

[Bubs]

I agree with both Elusive and Petrarose. I just don't want to see Michael's business blasted all over the tabloids again, but then again, I don't feel sorry for family if they get crushed in the trial. Most likely they don't even care what is being written or said about them as long as there is a pot go gold at the end of rainbow. We have not heard the amount of money family is asking from AEG, but during Murray trial it came out that MJ would have earned somewhere 100 million of his tour, so I suppose that is near enough the amount they are asking for, and for that amount they think it is worth throwing Michael under the bus.



So next week Katherine's side is going to file their response. That is going to be interesting reading.

 

[elusive moonwalker]

dont get me wrong i certainly dont want the family to get any money and i want to see AEG destroy them in court and bring out all their dirty laundary. but then in the next breath i know both aeg and the family wont give a dam about what they say about mj and i think to myself is it worth it seeing mj thrown under the bus from all sides and the media having a field day in order to see the family lose. its a hard one sometimes

 

[Petrarose]

Elusive I see what you are saying & I understand it. Tell me how you feel, if you look at it this way:

The best thing is no trial, however, the way it looks we might get one. So since the family have put Michael out there in the public trial, which do you rather see: A family winning who are instigating and causing dirt to be directed against Michael, or a company winning who did not initiate the dirt against Michael in the first place & are only doing it now to WIN? hmmm?

If AEG wins, it means that they have crushed most of the horrible points that the family has claimed about Michael, such as he was afraid, disorientated, you know the rest because you have been in this case since 09. Further, it will really show up in the public, the greed, vindictiveness, & character of the family--a family who would state all horrible factors against their own in order to get money from his death. We really want that to come across.

If AEG loses, all it will show is that AEG is unscrupulous (which everyone knows); Michael will be dirtied & ridiculed in the press; family will get AEG money; Michael will pay for family legal counsel; & Michael death was exploited by family for monetary gain. We all agree that lose or win Michael will be dirtied & ridiculed, so somebody has to be crushed here & it needs to be the group that started the thing in the first place . Hence, if the group that started it wins & Michael is still dirtied & ridiculed, it is like the Jordan & tickler kid all over again who won, dirty Michael, & lost nothing!!!!

Even with the Muarry trial, his team did dirty Michael up with their testimony of Michael being an addict who was reacting to the drug given by Klein & the media running with the story saying, "but there were so much drugs." Imagine if after that Muarry won. He would have caused Michael's death, dirty Michael, & be walking around as an innocent man. Can you imagine how that would make us feel, so I say let the person who started it get a good pounding in court & lose.

 

[marebear]

I don't want to see Michael thrown under the bus either. It's already started I am afraid. I don't think there will be a settlement. I think the trial will happen.

I remember after Michael died that his family said they would find out what happened and get justice for Michael. They would protect him and his legacy. They have never done any of that. It's always about money. They could have stopped Murray from making money off killing Michael but because they can't get any money from him they let it go. Murray is the one responsible for Michael's death and they let him off the hook basically. I wouldn't care if I ever got a dime from Murray but I want to make sure he would never make a dime off Michael again. The sad thing is they say they couldn't help Michael when he was here because of this and that. They have had opportunities to help him now and they throw it away.

If it wasn't for the fans and the estate acting on things, Michael's business would be all over the media. More than it already has. Michael had no privacy in life and had his life analyzed and ripped apart by people who never knew or met him at all. He was ridiculed, bullied, laughed at, mocked, belittled, disrespected and the list goes on. Now he is gone and they can't let him rest in peace.

The family cannot support things like Cirque de soleil (just a few of them) or anything really nice for Michael unless they get something out of it. They cannot work for the estate because they get nothing out of it. Why not do it for Michael and his children. Show them that their father's legacy is supported and loved.

If the media have a field day with this and all that comes then we help each other get through it and know that worse things have happened. We stand up for Michael and show him love and support.

 

[Kingofpop4ever3000]

Personally, I want AEG to win this case. Yes, I'm not going to like seeing Michael's name being dragged through the mud by the media again. But the AEG case could very well show the family that they can't throw wacky claims around against people without being confronted about proof sooner or later. They manage to get away with alot in the media, who take great care not to ask the Jacksons any tough questions or they allow the Jacksons to dance around the important issues with their claims before dropping the subject for the rest of the interview. I think the Jacksons knew a long time ago that saying the things they've said about AEG in addition to Katherine filing the lawsuit could create a big mess for them in court. And it could hurt their image as much as it's going to hurt Michael's memory. And when AEG's lawyers started going after the family and demanding that they do depositions and answer questions, the Jacksons at least should have figured out that AEG was not going to roll over and give them money to go away. So I can't feel sorry for them about any difficulties they have or will have with this case. I already don't like how they have constantly thrown Michael under the bus since his death. And so I will not appreciate them downing him throughout the AEG lawsuit trial. To me, it's obvious that while AEG is not perfect, they had nothing to do with Michael's death because they had no signed contract with Murray. And AEG is going into this trial ready to fight for their reputation even if it means throwing Michael under a bus of their own. I don't like supporting AEG because I know that Michael will be trashed. But Katherine started this. And AEG have a right to defend themselves. Unfortunately, AEG don't have to care what this courtroom drama will do to Michael's memory.

 

[Aquarius]

How I wish if this goes to trial the J family gets crushed with evidence showing their only motive for suing is money. It has been proven already that Murray was brought into the picture by Michael & AEG has nothing to do with Murray.

It's going to be 4 years into the the death of Michael, thanks to an inept doctor, and Michael's family has done nothing, as they say they would, to benefit Michael's legacy but thankfully, he doesn't need any help from them. Aside from his fans, people with an open mind who read the details of Michael's life will learn the true of who Michael was & what happened with those acussations. The J family is only working for their own legacy of greed, abuses and lies. It's a blessing that Michael created his own legacy through his artistry, humanitarian disposition and his love for all and the J family can not top that.

 

[ivy]

finally the documents for the request from the coroner has been posted. There's not much written arguments that the media hasn't reported. I have some minor additions

- they ask for photographs, x-rays and pathology slides
- they say those will be marked confidential.

(hopefully they won't leak)

As for AEG blaming Michael claim, it comes from a set of admission questions. Katherine's lawyers asked AEG to admit that Michael's death was due to legal & factual negligence of Murray and Michael was not comparatively at fault for causing his death. AEG responds that they know and acknowledge that Murray is convicted of IVM but they also say that Michael's cause of death is subject to ongoing discovery and other actors including Michael could have caused or contributed to Michael's death.

To me this what we already knew. Katherine obviously trying to put the blame on Murray and therefore his employer AEG. AEG on the other hand is preparing a defense that would argue a Propofol history hence a contributory factor or actors in Michael's death.