Both parties have filed their motions to exclude certain topics to be mentioned during trial. The judge will hear the arguments and decide on these motions on March 21 (or later). The following are the summaries of both parties’ motions.
AEG Live
AEG Live states that the jury will decide on 4 narrow issues
1- Whether AEG Live hired Murray
2- Whether Murray was unfit
3- Whether AEG Live had a reason to believe an undue risk of harm would exist due to Murray
4- Whether harm occurred.
Based on this AEG Live asks the judge to exclude the following:
Speculative Damages
The $40 billion damages are now becoming clearer. Each plaintiff (Katherine, Prince, Paris, Blanket) is asking for $50 Million in general damages and $10 Billion in special damages (it brings it to $200 M total in general damages and $40 billion in special damages). It turns out Katherine’s side is speculating Michael’s possible future income and AEG wants this to be excluded as California law says the damages should be “reasonable certain to result in the future” and “possibility or probability” is not enough. AEG says all of these based on casual conversations and wishful thinking and hypothetical scenarios and nothing was certain.
The possible future income sources are
- Possible future tours after TII
- Possible future albums
- Possible future increased on royalties from already released albums
- Possible future film career
- Possible future clothing line
- Possible future appearances
- Possible future purchase of Marvel comics
- Redacted but based on something Tom Barrack said
Jacksons claim Michael would have earned $500 Million a year for the rest of his life and would give 40% of his earnings to Katherine and his kids. AEG states if you do the math to reach to the $40 billion number it would have required Michael to live 200 more years. ( Math : 40% of $500 M a year = $200 Million a year. $200 Million a year times 200 years gives $40 billion).
AEG also mentions that these numbers aren’t realistically possible as Michael’s popularity was down due to child molestation allegations and he hasn’t performed for years. AEG also mentions how Katherine stated during her deposition that Michael did not want to tour anymore but now also claiming lost income from future tours. AEG also lists details of Michael’s past movie projects that never happened, clothing endorsements that ended in lawsuits and so on to demonstrate that there is no certainty that any of these future business projects would have actually happened or be successful. AEG also mention that Marvel was sold for $4.2 billion (meaning Michael could not have afforded to buy it at all).
AEG has no objection to any lost income from TII to be considered in determining damages.
Irrelevant interactions between AEG and Michael
AEG Live states given the 4 issues to be considered at the trial the following is irrelevant: AEG and Michael’s financial bargaining power during negotiations and preparation of the tour, cash advances made to Michael, number of concerts scheduled and AEG firing nanny Grace on Michael’s request.
It turns out Katherine planned to introduce AEG’s and Michael’s financial bargaining power to show AEG had control over Michael. AEG states as the first claim is now dismissed, these matters are irrelevant to the remaining 1 claim and should be excluded. AEG also states that any mention of “control claims” should be excluded. This also includes a request for the exclusion of AEG emails that mention “has to perform or a financial disaster awaits”, “he has no choice, he has to do it he signed a contract” etc.
AEG says if Katherine is allowed to mention these control claims, AEG in return will show that it was Michael’s advisors that approached them for a tour, 3 business managers of Michael looked over and approved tour expenses, it was Michael’s requests that increased the tour expenses and so on.
We learn that during summary judgment Katherine stated that AEG used cash advances to “reel him in”. We also learn that Katherine’s lawyers especially asked questions about a $200,000 cash advance that Phillips took to Michael in a brown paper bag. It seems like Katherine’s side wants to portray these as under the table advances. AEG argues that advances are no longer relevant to the remaining issues and AEG Live states regardless of how they have given Michael advances he has signed receipts for them and they are all properly documented and accounted for.
AEG says the number of shows Michael agreed to perform is irrelevant to the topic that whether AEG hired Murray or not. AEG also want to exclude testimony from Prince that might claim AEG was forcing Michael to do more shows than he want and AEG state that they have counter witnesses that would testify that Michael told them he was excited to perform “50 shows”.
AEG says Gongaware firing nanny Grace at Michael’s order is irrelevant to the matters at hand. They say AEG never employed or paid Grace and Gongaware was given an already prepared letter and just contacted Grace because Michael told him to.
Hypothetical scenarios of cancellation or postponement of TII
Given the remaining single claim AEG Live states that Katherine’s previous arguments of AEG could have saved Michael’s life if they postponed or cancelled the concerts are no longer relevant and should be excluded. AEG also states that according to the contract AEG could not have canceled the concerts on their own, any cancellation required Michael’s permission. AEG states they have evidence that Michael wanted the concerts to continue, he didn’t need time off and he didn’t want them delayed.
AEG also states that Jacksons try to mention these irrelevant matters to create a moral blame on AEG and even go to the media (CNN Alan Duke’s smoking gun story) to hurt their reputation rather than litigating the case.
Michael’s intoxication before O2 press conference
AEG says whether Michael was drunk before O2 press conference or whether AEG knew he was drunk is irrelevant as Michael did not die from alcohol but he died from anesthesia. AEG also states that this press conference happened at least a month before they heard about Murray and there’s no evidence that Murray was at UK that time or provided him medical care before press conference.
We also learn that Jacksons first want to exclude any possible “Michael Jackson is an alcoholic” claims but they later changed their minds.
Murray’s character as it relates to his personal life
AEG Live states given the 4 issues to be considered at the trial whether Murray frequented strip clubs and whether a small part of his debt was child support is irrelevant and should be excluded. (The argument here is that whether a doctor visits strip clubs on his personal time cannot be relevant to whether the doctor will compromise his oath.)
AEG Live and AEG Inc.’s financial condition
AEG Live states given the only claims are Murray’s hiring and there are no punitive damages in this trial to punish AEG, their financials are irrelevant and should be excluded.
Personal relationship between Gongaware and Segal
Gongaware meets Segal during Michael’s History tour. Segal was working for one of Michael’s tour promoters at that time. Later Gongaware and Segal have a romantic relationship. Segal never worked for AEG. In 2009 when Michael was looking for a tour manager, Gongaware recommended her to Michael and Michael who knew her from History tour hired her to be a part of MJJ Productions. AEG argues the personal relationship between Gongaware and Segal is irrelevant to the remaining negligent hiring of Muray claim. Note: Segal’s responsibilities were to arrange housing for Michael in London and arrange his travel.
Katherine Jackson
Katherine Jackson wants to exclude the following
Exclude the mention that Katherine and MJ’s kids did not sue Murray
Katherine’s lawyers state that they expect AEG to argue that Katherine could have sued Murray but choose not to because she was looking for a deep pocketed defendant and they want the judge to exclude such claims.
Exclude benefits Katherine and MJ’s kids receive from MJ Estate
Katherine’s lawyers state that they expect AEG to argue that Katherine and MJ’s kids are receiving money from MJ Estate and they will use this to reduce the any amount of damages the jury might award so they want the judge to exclude such claims.
Ps: this motion makes reference to medical insurance benefits in addition to what they get from the Estate.
Exclude marital discord between Katherine and Joe
Katherine’s lawyers state that they expect AEG to introduce evidence that Katherine and Joe have a turbulent or unhealthy marriage and will use this to make Katherine look bad in front of a jury. They want the judge to exclude these.
Exclude the argument that Michael’s siblings have financial problems
Katherine’s lawyers state that they expect AEG try to introduce evidence that Michael’s siblings suffer or have suffered from financial woes and says that this is irrelevant and it should be excluded.
Exclude molestation charges
Katherine’s lawyers state that AEG lawyers have asked during depositions to multiple people about the molestation charges and they expect AEG to mention those to make Michael bad and they want the judge to exclude those.
(Ivy’s note: Molestation charges is mentioned in AEG documents as a reason for lower income level expectations).
Exclude evidence of biological parents of minor kids
Katherine’s lawyers say AEG might try to introduce evidence to cast doubt on the biological parents (both father and mother) of the minor kids and it should be excluded as it is irrelevant.
Exclude that Katherine was kidnapped to Arizona
Katherine’s lawyers say that AEG may try to introduce evidence that Katherine was kidnapped to Arizona to cast the Jackson family in a bad light and it should be excluded as it is irrelevant.
Exclude that Michael Jackson Estate did not file a lawsuit against AEG or anyone else in regards to Michael’s death
Katherine’s lawyers say that they anticipate that AEG will argue that MJ Estate did not join Katherine’s lawsuit to demonstrate that Katherine’s lawsuit lacks merit or based on baseless allegations. They want it to be excluded.
Exclude testimony from David Fournier that Michael tried to deceive him during surgery
Fournier is a nurse anesthetist that provided medical treatment to Michael in 1990s and 2000s. Fournier believes on one or two occasions Michael deceived him by not telling him about a “narcan implant” Michael inserted in his body before surgical procedure Fournier was helping with. Fournier states he believes Michael did not intentionally tell him about the “narcan implant” because he knew Fournier wouldn’t have administered him anesthesia if he knew.
Katherine’s lawyers state they expect AEG to introduce this at trial to show that Michael is a liar and tried to deceive a health professional. They want it to be excluded as it is speculative and irrelevant.