September 2010
Original complaint
http://www.psblaw.com/articles/mj-complaint.pdf
According to the documents
- They are suing AEG organization and Randy Phillips, Kenny Ortega, Paul Gongaware (CEO) and Timothy Leiweke (President) as individuals.
- They are also leaving room to add more defendants as they identify them.
- Michael Jackson's estate is not a part of the lawsuit.
- It states that AEG controlled Michael's life.
- It also states that Murray was selected and hired by AEG.
- It says that AEG- Murray agreement was done on May 8 2009.
- Murray starts working with Michael on May 15, 2009
- Murray asks AEG for payment of May 2009 salary on May 28 2009.
- June 18 was "riot act" and "though love" - they asked Michael to stop seeing Klein, only take drug from Murray. Murray was told to make sure that Michael attends the rehearsals or they would pull the plug and got their advances from Michael's assets and Murray would be fired.
- Murray also instructed to attend to rehearsals with Michael - which he reportedly did according to the documents.
- According to the documents Murray's agreement started on May 1, 2009 and to continue till the end of concert series (11 months). It also says that AEG had the power to control, oversee Murray's services and to fire Murray if needed - Michael didn't have these powers.
- The lawsuit says that Michael showed negative effects from Murray's treatments on June 18,19,23 and 24.
- The defendants are being sued on the basis of breach of contract (that they needed to maintain Michael's best interest in mind but instead risked it), negligent hiring, supervising and training (didn't check Murray's background and didn't hire or stop his treatment when Michael showed negative effects) and fraud (acting like they were looking out for Michael's best interests but in reality making sure that he'll continue with the tour and AEG would profit)
- They are also stating emotional distress of Prince Michael.
- and of course asking for damages
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AEG wants the case dismissed
Summary
- Geez a strong start: AEG starts with saying the only thing that the complaint got right was that "MJ's death was tragic" , they refer everything else to be false.
- They say Katherine and the kids do not have standing and the only people that has standing is MJ's personal representatives (Branca and McClain) to make some of the claims (contract based, fraud etc).
- It states as KJ and kids has no personal representative standing, they can only file a "wrongful death lawsuit" but they don't plea as such.
- It states KJ's lawsuit tries to create new liabilities of duty which doesn't exist. (they are stating supposed actions and inactions)
- AEG states that in law there's nothing that says job with physical requirements (they are meaning concert performances) or providing safe residence and safe transportation creates a legal duty towards physical well being. (simply put they say : just because we have a contract with Michael for concerts that requires physical activity, it doesn't mean that we are legally responsible for his health). (they cite a case that says a company has to provide a safe environment for work related injuries but not all other injuries)
- They state there was no "special relationship" between them and Michael. They say Michael wasn't dependent or reliant on them.
- They say according to contract only requirement was the physical for the insurance and there was nothing else about any other medical treatment. - They also say that Michael could have cancelled his contract with AEG.
- The Murray - AEG agreement/ draft is mentioned. AEG says that contract states that Murray is an independent contractor hired on MJ's request and he acts as MJ's doctor and the agreement was to be terminated instantly if Michael no longer wanted Murray. So they say KJ's claim of "AEG selected, hired, paid Murray" is wrong as the contract says " Murray is hired as an independent contractor only for MJ's benefit and only if MJ consented and wanted".
- They say that advances they paid and money they lent (for such things as rent) do not put them into a position of liability.
- As the AEG- Murray agreement was not signed by MJ so it's not binding/executed therefore they were not required to provide any medical equipment. They state Murray knew this as the documents said this.
- AEG states they have no duty as MJ's injury was not foreseeable. They state that they have no way of knowing that Murray a doctor with no malpractice and history of anesthesia would administer anesthesia to MJ at home and he would die. They also state that KJ's lawsuit says that "Micheal appeared ill and tired" but that doesn't equal that they should known about anesthesia use. MJ could have been ill for other reasons.
- AEG says they cannot be responsible for hiring Murray negligently as they never hired or supervised him plus they had no reason to expect such behavior from Murray (as he didn't have such history of giving propofol or sleep remedies to other people). Plus they state that KJ's lawsuit says that AEG should have known Murray was giving MJ "sleep remedies" but they argue that "sleep remedies" do not equal "propofol". (in other words they argue that even if they knew Michael's sleep problems they couldn't guess treatment with anesthesia)
- AEG states KJ's lawsuit doesn't satisfy the burden for fraud claims.
- Emotional distress claims for Prince - they say that for medical malpractice claims plaintiff must observe the malpractice and understand it's malpractice. In other words to make an emotional distress claim it would also require Prince to see Murray giving MJ propofol and understand that it will hurt/kill MJ.
- Again AEG- Murray contract mentioned as draft and MJ never signed it.
- They state 1 year statue of limitations has passed for any wrongful death due to medical malpractice.
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Ortega asks the court to remove him as a defendant in Katherine's suit, claiming, "Kenneth Ortega is not alleged to be involved in the medical treatment or administration of drugs that allegedly caused Michael Jackson's death.
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As we know Katherine sued AEG & its owners and Kenny Ortega
AEG filed a request for the dismissal of the case
Kenny filed a request to be removed as defendant
Katherine filed a response against to AEG and Kenny's requests
and
recently Kenny and AEG filed a response to Katherine's response
Summary
Kenny Ortega
- Ortega says "has been extremely hurt by this mistaken and misguided Complaint publicly naming him as a defendant allegedly responsible for his friend's death."
- Ortega says he's not an agent or joint venturer with AEG.
- Ortega says he wasn't a party to "MJ- AEG" or "Murray-AEG" agreements.
AEG's response
- They say even if KJ's claims were true AEG can only be responsible for "hiring" Murray and not the care he gave Michael as the harm to Michael resulted for Murray's failure for proper care. In other words they say even if they hired Murray, they cannot be responsible for his negligence (they cite a case that says asking an employee to get a medical test doesn't bring the company the obligation to oversee the medical exam)
- Plus they say any negligence claim requires "foreseeability" - which means that it should be "foreseeable" for AEG to think Murray as a doctor would violate standard of care etc and administer MJ propofol. They say the events were "unforeseeable" and therefore they shouldn't be found in negligence. (In basic terms they try to say "we cannot prevent something from happening if we had no idea about it happening")
- The equipment request was mentioned in KJ's response. AEG addresses this and says there was no indication that it was requested for home use (how and when they would be used was unknown) and that they couldn't known that Murray would perform dangerous procedures without them. They argue even if they knew such equipment were requested to be used in giving nightly sleep remedies, logically they couldn't think/knew that Murray would violate his medical obligations and give such remedies without the proper equipment.
Note : It seems like Ortega and Murray was hired or was going to be hired as an "independent contractor" and not an "AEG employee".
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Ortega is removed as a defendant. Kevin Boyle says "Based on recently discovered information, the Jackson family has determined that Mr. Ortega should not be a defendant," adding, "The Jackson Family apologizes for any discomfort or inconvenience this may have caused Mr. Ortega."
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In regards to AEG's dismissal request judge decides that breach of contract (not caring of MJ's wellbeing) and negligent hiring, training and supervision of Murray claims stands and can go to trial but fraud, conspiracy and emotional distress of Prince is thrown out for the time being- unless KJ can come up with evidence to support those claims.
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Katherine Jackson's attorneys filed papers stating they ``do not intent to amend the complaint.' That means the case is scheduled to go to trial for now on the remaining allegations of breach of contract, negligent hiring and employer responsibility.