Alive Michael Jackson HOAX · @Pearljr
21st Mar 2013 from TwitLonger
Thanks 2 Michaels Butterflygirl-GREAT summary of Katherine vs AEGLive case-Read it!
From: "MJ Truth Now" <tbtbiggs@gmail.com>
Date: Mar 17, 2013 10:21 PM
Subject: Katherine Jackson vs AEG Live
To: <mjsbuddafly@gmail.com>
March #2 2013
Dear Kate,
MJ Truth Now would like to thank the MJJ Justice Project for the following summary of the case of Katherine Jackson (includes Prince, Paris, and Blanket Jackson) vs AEG Live in the Michael Jackson wrongful death lawsuit. The MJJ Justice Project and Ivy of the MJJ Community have been doing excellent summaries of the legal aspects of this case. Their information is based upon actual court documents. It is our intention to expand the reach of the MJJ Justice Project and MJJ Community with this communication to MJ Truth Now subscribers and we wish to give them full credit for the information.
There were initially five claims in the lawsuit. All but four of them were dismissed in summary judgment by Judge Yvette Palazuelos on Febuary 27, 2013.
MJJ Justice Project Summary of Case
"Claim 1 Breach of Contract
a. Special Relationship
Katherine Jackson argues that AEG and MJ had a special relationship because AEG controlled all aspects of MJ's life including medical care, advisers, finances and financial future. However, Katherine was not able to cite anything to back this up.
Also Katherine was unable to show that AEG had complete control over Michael's medical care as Katherine herself admitted that Michael saw other doctors even one week before his death.
So the court rules there's no special relationship between AEG and Michael.
b. Negligent undertaking
Katherine claims AEG had two undertakings : To undertake Michael's medical care and provide an assistant to Murray.
For the first one, the judge says Katherine could not provide any case law or prove it. And, as Michael was seeing other doctors, judge ruled that AEG did not undertake Michael's medical care.
Judge rejects the undertaking for medical assistant as Katherine could not show it was asked for in Los Angeles. Katie Jorrie testified the assistant was for London and the contract said Murray would choose the assistant - not AEG.
c. Simple Negligence
Katherine claims that AEG created a risk of harm to Michael.
Judge says financial interactions do not create a duty. Judge also states, given Michael's status (greatest entertainer with experience), exerting strong financial pressures is alone insufficient to create an undue risk of harm.
Therefore Judge DISMISSES Claim 1 Breach of Contract
Claim 2 - Negligent Hiring, Supervision and Training
AEG argues they did not hire Murray and could not foresee the risks Murray posed.
Judge states there are triable issues.
Judge states that even though the contract was not signed, a jury must decide if Murray and AEG had an oral or implied in fact contract. Communications, Murray's expenses being budgeted and so on is listed as evidence. Judge makes a note that Michael retaining services of Murray before AEG hired him could be a factor in determining proportional damages and liability.
AEG had argued that Murray was a licensed doctor and was not disciplined and Katherine argued they should have done a more detailed background check. Judge thinks this is a triable issue given that Paul Gongaware had experience and knowledge about "tour doctors" and Michael's previous tours and "tour doctors".
Judge also thinks whether Murray's debt could have been a reason to foresee if such doctor under strong financial pressure may compromise his oath. This is another triable issue.
Therefore this claim will GO TO trial.
Claim 3 - Fraud (DISMISSED April 2011 during demurrer)
Dismissed during first demurrer due to no evidence.
Civil conspiracy claims also dismissed due to no evidence.
Claim 4 - Negligent infliction of emotional distress (DISMISSED April 2011 during demurrer)
Dismissed during first demurrer due to no evidence
Claim 5 Respondeat Superior
Judge states that AEG's evidence established that Murray was an independent contractor and not an employee and AEG had no control over "means and manner" of Murray's work. Judge cites case law that doctors are considered independent contractors.
Katherine claims that AEG hired Murray, in part, to ensure that Michael attended rehearsals. Judge says even though this claim might be true, there's no evidence that AEG had any control over how Murray did that.
Judge also mentions secondary factors that AEG Live had nothing to do with medical care, medical work performed by a specialist without supervision, medicines were provided by Murray and the contract and the parties clearly understood that the agreement was for an independent contractor.
Therefore, judge states there's no triable issue whether Murray was an employee and determines that Murray was an independent contractor.
As Katherine fails to show any evidence that AEG had any control over how (manner or means) Murray did his job, judge dismisses the respondeat superior claim."
AEG Live Final Order court documentation 2-27-13 via Ivy of MJJ Community
http://www.scribd.com/doc/128772581/AEG-Live-Final-Order-2-27-2013
If you read the entire document, you will notice that the Jackson side was only able to establish that Paul Gongaware/AEG only knew about the prescription drug addiction that Michael Jackson admitted to and sought treatment for in 1993. They could not establish that Gongaware/AEG knew about Michael's sleep issues nor any 2009 drug dependency he may or may not have had.
AEG Live has appealed Claim 2 as a trialable issue. It is a matter of employment law. Personal debt does not render a person professionally incompetent. Appeals Court denied trial stay and asked for further documents from AEG that had previously been redacted. The decision on dismissing remaining claim is still pending.
AEG's appeal documents
http://amradaronline.files.wordpress.com/2013/03/jackson-doc.pdf
The Katherine Jackson is asking for $40 billion in damages. The felon, Conrad Murray, has been ordered to be deposed for the lawsuit. Valerie Wass, Murray's attorney, says that Murray will invoke the 5th amendment so as not to incriminate himself in advance of his appeal of his involuntary manslaughter conviction that is currently in progress.
The Katherine Jackson vs AEG Live trial is set to begin on April 8, 2013 provided that the final claim is not dismissed by the appeals court. If Katherine Jackson wins the case, it will only mean that AEG did not do a background check that included Murray's financial history. Murray had no blemishes on his medical record and was a licensed physician in four states who has been ruled by the judge to be an independent contractor.
A win in this case will not prove conspiracy or "murder" nor that AEG was involved in Michael's death in any way. Murray is still responsible for the death of Michael Jackson through his negligent care of his patient. AEG will most likely not settle this case out of court. Michael's privacy will be invaded even more thoroughly and harshly than the Murray trial. Neither side is interested in justice, only in what testimony will be beneficial in helping them to win.
Also keep in mind that Katherine Jackson chose not to demand restitution from Conrad Murray so he will be free to profit from the sale of his story to anyone he wishes upon completion of his sentence.
Judge Palazuelos has denied access camera and photographic access by the media. CNN's Allan Duke is appealing that rule. The media has never been interested in the truth about Michael Jackson so don't expect that will change. Anthony McCartney of the Associated Press will be covering the trial and he tends to be balanced and factual. We cannot say the same of CNN's Allan Duke.
For more ongoing information, please follow the excellent work of Ivy at MJJ Community and the MJJ Justice Project.
MJJJustice Project
Mjjjusticeproject.wordpress.com
Facebook: MJJJusticeProject
Twitter: @MJJJusticePrjct
MJJ Community Forum
http://www.mjjcommunity.com/forum/forums/266-Katherine-Jackson-vs-AEG-Live
Ivy at MJJ Community
Twitter: @Ivy_4MJ
Thank you for your continuing support.