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MJ Fan v. Cascio/Porte/Sony/Estate Case Update

Original complaint file : http://www.scribd.com/doc/229471634/MJ-Fan-vs-Sony-MJ-Estate-Cascio-Porte

New documents: https://www.scribd.com/doc/293196230/Fan-v-Cascio-Sony-Estate-Joint-Report

and https://www.scribd.com/doc/293196236/Fan-v-Cascio-Sony-Estate-Schedule

In June 2014 a MJ Fan sued Sony, MJ Estate, Cascio and Porte (Defendants) over the “Cascio Songs” used at the “Michael” posthumous album. The case had been on hold for all this time, only showing regular status hearings. Recent documents have shown us what has been happening with this case in the last 1+ year and what to expect for the future.

First information we learn is that parties have engaged in mediation and settlement talks but the settlement talks came to a deadlock. With no possibility of settlement, parties restarted the case process.

MJ Estate preliminary defense at Robson case

In Robson civil and probate cases, Estate’s first step was to try to get them dismissed during demurrer phase. They succeeded in probate case however their request was overruled for the civil case. Civil case has proceeded to the summary judgment phase. It is now the time for the defendant – in other words MJ Estate – to respond with an initial answer denying the allegations in the complaint and listing possible legal affirmative defenses. This is a short preliminary document.

Document here: https://www.scribd.com/doc/285207028/MJ-Estate-answer-to-Robson-Civil-Complaint

Not surprisingly Estate starts their answer to the complaint by focusing on Robson’s 2005 testimony.

“This case has no merit in fact or law. Wade Robson’s allegations are directly contrary to his sworn testimony in a 2005 criminal trial where Michael Jackson was vindicated of all wrongdoing by a unanimous jury of twelve. Robson was twenty-three-years-old when he testified in 2005. He was subjected to vigorous and repeated cross-examination by a very zealous prosecutor handling the case, but Robson’s testimony never wavered”.

Estate continues with

“In his complaint for money damages, Robson does not claim that he made a mistake when he testified in 2005 or that he suffered from a “repressed memory”. Rather, Robson simply claims that he chose to lie to a criminal jury in 2005. Yet, a decade later, and almost four years after Michael Jackson’s tragic death, Robson changed his story knowing that Michael Jackson is no longer here to defend himself. Robson recanted his testimony in a criminal trial for the sole and express purpose of taking money from Michael Jackson’s heirs and beneficiaries. After all, Robson’s complaint does not and cannot seek anything other than money”.

MJ related lawsuit updates – October 2015

This is a list about MJ related lawsuits. I added short summary of case description and latest developments in each case for ease of following. I will be updating this list every few months.

Previous updates

July 2015 Update: http://dailymichael.com/news/306-mj-related-lawsuit-updates-july-2015

May 2015 Update : http://dailymichael.com/news/299-mj-related-lawsuit-updates-may-2015

January 2015 Update: http://dailymichael.com/news/290-mj-related-lawsuit-updates-january-2015

November 2014 Update : http://dailymichael.com/news/286-mj-related-lawsuit-updates-november-2014

MJ Estate v. IRS (Link)

Description:This lawsuit is about the estate tax dispute. IRS is demanding $731 Million in estate tax. MJ Estate challenged IRS by filing a lawsuit.

Latest developments: No new developments since last update. Parties are still in settlement talks.Next status report is due November 2015.

Noval Williams Films v. MJ Estate (Link)

Description: This is a dispute about “Last Photo Shoot” documentary. The documentary uses footage from two photo shoots from 2007. It also includes some photos. Estate believes some content are owned by MJ and MJ didn’t give consent for release of the footage. Noval Williams is seeking a declaratory relief that they aren’t infringing copyrights.

Latest developments: Case has been filed in New York and Estate has filed a motion to dismiss the case or in alternative move it to California. Estate also filed a motion to disqualify Noval Williams Films attorney Markovich who also happens to be a producer of the movie as well as an owner and manager at Noval Williams Films. Early September Judge ruled saying the case will stay in New York and disqualified Noval Williams Films attorney. Noval Williams found a new lawyer. Estate filed their answer and counterclaims to the complaint on September 17th. Estate's counter claims mention 7 instances of copyright infringement of MJ photographs. Estate also stated that they believe the videographer was employed as MJ's staff and/or security detail.

Robson Civil Case Demurrer Ruling [w/ Ruling Document]

Robson civil case demurrer ruling document : http://www.scribd.com/doc/283138843/Robson-Demurrer-Ruling

On September 21, 2015 after 2 months of waiting Judge ruled on MJ Estate’s demurrer for Robson’s civil case. Estate’s demurrer was overruled, this means Robson’s claim will proceed to the next phase of summary judgment.

In his civil case Robson has sued two of MJ’s companies – MJJ Productions and MJJ Ventures. According to the law, a person can bring a childhood sexual abuse case until their 26^th birthday. However there is an exception. This exception allows lawsuit against third party non perpetrators (in this instance MJ Companies) if they knew or had a reason to know about the unlawful sexual conduct of their employee/ representative/agent (MJ) and failed to take reasonable steps to prevent it.

Robson was over 26 years old when he filed his lawsuit and he has been claiming this exception. Estate was arguing against it. The demurrer has been mainly about statute of limitations.

Demurrer can be explained as “even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit". In other words Judge is required to accept all the claims as true for the purposes of demurrer and is only determining if there is a legal basis for a lawsuit. Furthermore in demurrer stage the defendants (Estate in this instance) cannot bring any evidence or witnesses. They could only argue against Robson’s claims using the law and the precedent cases.

MJ Fan v. Cascio/Porte/Sony/Estate Case Update

MJ Estate preliminary defense at Robson case

MJ related lawsuit updates – October 2015

Robson Civil Case Demurrer Ruling [w/ Ruling Document]

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