As the experts being deposed parties will occasionally file motions to exclude certain witnesses. I will maintain and update this post to show which expert witnesses are being asked to be excluded
Katherine Jackson Retained Experts
Alon Steinberg, MD- Murray's standard of care, toxicology, Murray's education.
Daniel Wohlgelernter, MD- standard of care,
Barry N. Swerdlow, MD- standard of care, Murray's departure from standard of care was substantial factor in Michael's death.
Emery Neal Brown , MD - Propofol, anesthesia, sleep, brain activity, effect of Propofol on brain and body, dosing, whether Murray's statement that he administered 25 mg Propofol is true or not
Hendrikus J.M. Lemmens, PhD- Propofol, modelling, whether Murray's statement of 25 mg is true or not, likely route and time of administration, the manner which Propofol caused death.
Sidney Schnoll, MD - addiction, treatment of addiction, addiction as an illness, whether or not Michael appeared to have addiction issues in June 2009 and in the past, addiction or dependence potential of the drugs Michael was taking at the time of his death,
Myer B. Shimelman. MD- addiction and its treatment, whether or not Michael suffered from addiction if so the nature of it, treatments available to Michael, effects of treatment of Michael's life and work expectancy
withdrawn - Richard Barnet, PhD- nature and history of concert tour promotion, roles of people, actions should have been taken by prudent promoters, producers and managers
one of the documents state that Barnett is withdrawn as an expert by KJ's lawyers
Motion to exclude - David Berman - typical practices in music industry, roles of promoters, producers, artists, managers and so on
Previously we couldn't find much information about Berman. According to his CV, he had graduated from laws school, worked in music law and then also worked at Warner Bros records, Capital Records, Geffen Records and Buena Vista Music group. He stopped working in 2001.
AEG wants to exclude Berman citing that
- although Berman was a music recording and publishing executive , he has little to no experience in regards to tour industry, never promoted or produced or managed a tour. he doesn't know the difference in the roles of a tour manager and production manager
- Berman often refers to depositions, emails etc. shown to him by Katherine's lawyers and state his opinion is based on "common sense" or "logical conclusions"
- Offers opinions unrelated to his area of expertise such as medical stuff, doctor qualifications and addiction
- Opinions are not based on expertise or scientific methodology and says he doesn't need expertise
- he testifies about "knowledge, motive, state of mind" of AEG and make credibility determinations all of which should be left to a jury to determine
A partial deposition transcript is also added to the file and AEG also points out his inconsistencies. For example Berman testifies it was inappropriate for AEG to hire a doctor etc but then he also mentions he never been involved in hiring process for a tour, when he hired people he didn't do background checks, he doesn't do background checks on his own personal doctors and he don't check for debt on his personal doctors.
withdrawn- Mark Goldstein- reasonable construction of contracts in music industry, role of producers, promoters, artists, managers
One of the documents state Goldstein was withdrawn as an expert by KJ's lawyers
preclude mention of private life &business -Barry J. Nadell - background checks
This is actually a motion filed by Katherine Jackson. During deposition AEG lawyers have asked Nadell about his business dealings and they have asked him questions about his personal life ( AEG lawyers did a background check on the background expert which included his facebook page). Katherine's lawyers asks the judge to order that their expert Nadell's personal life and business dealings not to be mentioned during trial.
motion to exclude - Jean L. Seawright, CMC- hiring practices, when background checks are performed, whether a background check on Murray should have been performed, what would have been learned if a background check was done.
AEG asks Seawright to be excluded as a witness because she lacks experience in contract interpretation, she gave subjective opinions ignoring the guidelines (such as employment credit checks should be job related) from the documents she herself produced.
AEG's main objections about Seawright is based on that she does not follow any guidelines or documents or methodology and she forms subjective opinions. For example she states in her deposition there's no difference between an employee and independent contractor in medicine but this is incorrect according to law ( Law classifies doctors as independent contractors).
AEG also states that she creates a false set of requirement for MJ - such as stating Murray's debts did not make him unqualified as a physician, it just made him unqualified to be MJ's physician.
AEG states she does not have enough knowledge or expertise, could not define what an independent contractor is, were not able to produce any document to back up her claims, and did not do any research about the customs in concert industry
Lloyd W. Cunningham - possible irregularities of identified documents contracts signatures, forgeries, altered documents. identifying handwriting
Albert H Lyter III- aging of documents and authenticity
Howard C. Rile Jr. - genuineness of documents, alterations, additions, deletions, identify or eliminate source of handwriting.
David Lewin, PhD - corporate structure, executive roles, divisions, subsidiaries, corporate liability
Joseph K. Tanimura, PhD - corporate structure, executive roles, divisions, subsidiaries, corporate liability
motion to exclude Gordon Matheson, MD- sports medicine, ethics, appropriate relationship between medical provider, patient and interested third party.
No document available but the case summary shows this
04/02/2013 Motion (DEFDTS MOTION TO EXCLUDE PLAINTIFF EXPERT, GORDON MATEHSON; DECLARATION )
Filed by Attorney for Defendant/Respondent
Charles A. Czeisler, MD- sleep medicine, treatment of sleep disorders, whether Michael evaluated by a sleep specialist, successful sleep treatment programs and inappropriateness of Murray's treatment.
Daniel J. Wallace, MD- Michael did not suffer from systemic lupus.
motion to exclude - Arthur Erk , CPA- Michael's future earnings capacity, economic damages, loss of earnings
No document available yet . This motion to exclude is mentioned at Peter Formuzis motion to exclude.
motion to exclude - Peter Formuzis, PhD - past future economic damages, lost earnings
AEG lawyers state that they filed a motion to exclude for Arthur Erk and if the court grants it they should also exclude any testimony from Formuzis as Formuzis entirely relies on Erk for his testimony.
Formuzis just used the estimations Erk came up with and calculates the present value of the damages.
Frederic Askin, MD - pulmonary pathology findings
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AEG Retained Experts
William Ackerman CPA - Michael's finances before death, any financial support plaintiffs received before Michael's death, Michael's finances if he lived, any financial support plaintiffs would receive if Michael lived, any alleged economic loss
Eric Briggs - Michael's past and future business endeavors and income, Michael's debts and assets including Michael's brand, market for Michael's past and future business endeavors
Motion to exclude certain opinions - Arnold Dicke - life expectancy of Michael using actuarial and insurance tables
Arnold Dicke is an expert in actuarial tables. Those are the tables that are used by insurance firms to calculate life expectancy by including many factors such as smoking, alcohol use, drug use, genetic diseases, age of close family members, cholesterol, socio-economic status and access to quality medical care.
The partial deposition shows that Dicke is hired by AEG to explain the jurors how these tables work and what factors (good and bad) you consider when you are adjusting / calculating life expectancy. During his deposition Dicke mentions multiple times AEG did not ask him to calculate a life expectancy for Michael and he does not have the necessary information to calculate his life expectancy.
However AEG lawyers continue to question him about a number and ask him if he has an opinion either way that Michael could live beyond age 80. Dicke replies by saying that's unlikely. He says it's in his opinion is also unlikely that Michael would have lived pass 70 and he believes 60 is a more proper estimate.
KJ's lawyer is asking to exclude Dicke's opinions of "it is unlikely for Michael to live pass 80 or 70 and 60 seems to be more proper result." KJ's lawyers argue that as Dicke wasn't given all the information and he did not do a calculation what he says is speculative and should be excluded. This is not a motion to exclude Dicke completely, this motion is just about excluding any age number mention during testimony.
Paul Earley MD - propofol, substance abuse, risk and effects on life expectancy, methods of obtaining addictive drugs, treatment, relapse , eating disorders as they relate to life expectancy
John Iacovino MD - life expectancy of Michael and/or plaintiffs
Norman Lepor MD - training practices of cardiologists with regards to anesthesia and cardiopulmonary resuscitation.
Petrus Levounis MD - substance abuse, addiction, use and effects of addictive substances, behaviors and appearance of addicts, drug tolerances
Mark Roesler - marketability of Michael Jackson pre and post death as well as the impact of death on a celebrity's marketability
Christine Sang MD - safe and proper use of Propofol, effects of Propofol
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