Updated info
AEG
excluded in part - allowed in part - Motion 1 - AEG's financial position
excluded (motion granted) - Motion 2 - Gongaware & Segal's personal relationship
excluded in part - allowed in part - Motion 3 - Irrelevant interactions between AEG and Michael
excluded (motion granted) - Motion 4 - Hypothetical evidence of TII cancellation or postponement
excluded in part - allowed in part - Motion 5 - Murray's character as it pertains to his personal life
Reference to strip clubs or clubs are excluded. Debt - child support, credit cards and so on- is allowed.
deferred - Motion 6 - Speculative Damages
allowed (motion denied)- Motion 7 - Michael being drunk before 02 Press conference
Katherine Jackson
allowed (motion denied) - Motion 1 - Molestation charges
excluded(motion granted) - Motion 2 - Benefits received by KJ after MJ's death
excluded(motion granted) - Motion 3 - Marital discord between Katherine and Joe - non opposed
??? allowed(motion denied)- Motion 4 - Michael's siblings have or had financial problems
!!! This is conflicting to what media reported, media reported it was excluded.
motion granted - Motion 5 - Allowing electronic presentations on opening statements (I omitted this one)
allowed (motion denied) - Motion 6 - David Fournier Testimony
excluded (motion granted)- Motion 7 - MJ Estate did not sue AEG or anyone else in Michael's death
allowed (motion denied)- Motion 8 - KJ did not file a suit against Murray
excluded (motion granted) - Motion 9 - Biological parents of minor children - non opposed
excluded in part - allowed in part -Motion 10 - Katherine being kidnapped to Arizona
AEG cannot refer to Katherine's "kidnapping" but they can reference her trip to Arizona in the context that Katherine's health was/is deteriorating and that's why she traveled to Arizona. Judge allows this as this is relevant to Katherine's longevity and damages.
Document here: http://www.scribd.com/doc/132713798/...ions-in-Limine
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Detailed explanation of what is allowed and what is not allowed. The below is the almost exact wording from the court document. (note :plaintiffs, defendants and decedent is changed to Katherine Jackson, AEG and Michael Jackson)
AEG
excluded in part - allowed in part - Motion 1 - AEG's financial position
Explanation
- Evidence of AEG's financial condition/ wealth is excluded.
- AEG's expected ticket sales, tour profits are admissible as to damages.
- To the extent AEG seek to preclude Katherine Jackson's arguments regarding financial motive, the motion is denied.
excluded (motion granted) - Motion 2 - Gongaware & Segal's personal relationship
- AEG represented that they will not call Segal to testify in their case.
- However if she testifies, existence of her romantic / personal relationship with Gongaware is admissible on cross examination/impeachment as a potential bias.
- However acts of sexual conduct is are inadmissible even under cross-examination.
excluded in part - allowed in part - Motion 3 - Irrelevant interactions between AEG and Michael
- Katherine Jackson's argument that AEG "controlled" Michael Jackson or had "superior bargaining power" over him are inadmissible.
- 11/24/2008 email admissible. As to a) AEG's involvement in retention and investigation of professionals hired for and by Michael Jackson and b) how that compares to AEG's handling of Murray investigation and retention.
- 01/23/2009 email admissible. As to AEG's strong interest in Michael Jackson's performing as it was vital to tour financial success.
- Phillips deposition re: Tohme Tohme admissible. As to a) AEG's involvement in retention and investigation of professionals hired for and byMichael Jackson and b) how that compares to AEG's handling of Murray investigation and retention.
- 2/27/2009 email admissible. As to a) AEG's strong interest in Michael Jackson's performing as it was vital to tour financial success and b) the pressure exerted on Michael Jackson and the effect this pressure had on Michael Jackson and (ultimately) Murray.
- Production management agreement between AEG and Tohme Tohme admissible to compare Murray's pay and and the importance of Murray relative to Michael Jackson's other tour professionals.
- Cash advances in paper bags inadmissible, irrelevant, prejudice
- 3/15/2009 email : inadmissible hearsay
- 3/25/2009 email admissible as to AEG's knowledge of the physical and emotional toll of 50 shows on Michael Jackson and ultimately how that affected Michael Jackson's condition and Murray's treatment of Michael Jackson
- Gongaware deposition nanny termination inadmissible However likely admissible on cross as Gongaware's ability to fire professionals hired byMichael Jackson.
- 4/19/2009 email inadmissible. However likely admissible on cross as ability to fire professionals hired by Michael Jackson.
excluded (motion granted) - Motion 4 - Hypothetical evidence of TII cancellation or postponement
- inadmissible as undue consumption of time and may call for a legal conclusion - ie contract interpretation as to when or under what conditions the tour or any particular show could be cancelled.
- However the court may reconsider this ruling depending on the presentation of evidence
excluded in part - allowed in part - Motion 5 - Murray's character as it pertains to his personal life
- Email is admissible but the reference to "strip club" must be redacted from the email because the prejudice outweighs its probative value. Relevant is that Murray was unavailable to Michael Jackson at certain times.
- Evidence of Murray's debt whether child support or credit cards etc is relevant and admissible.
deferred - Motion 6 - Speculative Damages
Defer
allowed (motion denied)- Motion 7 - Michael being drunk before 02 Press conference
- Admissible to show AEG's knowledge of Michael Jackson's emotional and dependency issues directly related to the tour.
- Coupled with AEG's executives knowledge of Michael Jackson's drug dependency problems and use of "tour doctors" in the past , this evidence is relevant to foreseeability.
Katherine Jackson
allowed (motion denied) - Motion 1 - Molestation charges
- Molestation charges are admissible as to the damages calculation and (secondarily) as to the issues of Michael Jackson's despondency and drug abuse.
- Court will give a cautionary jury instruction proposed by the parties.
excluded(motion granted) - Motion 2 - Benefits received by KJ after MJ's death
- The purpose of the exclusion of collateral source is to prevent one party from a double recovery (ie collateral source in addition to damages)
- Michael Jackson's estate benefited from his death (it's value increased).
- So if AEG were held responsible for Michael Jackson's death , AEG would receive a windfall if Katherine Jackson+ kids damages were decreased (or offset) by that increase in value to the estate.
- Perhaps this computation (if it can be done at all) is best calculated after trial.
excluded(motion granted) - Motion 3 - Marital discord between Katherine and Joe - non opposed
non opposition.
allowed(motion denied)- Motion 4 - Michael's siblings have or had financial problems
- Gifts from Michael Jackson to his siblings are relevant to the issue of Jackson's damages and for the purposes of cross examination/impeachment of siblings.
- However presentation of the siblings entire finances is irrelevant and presents undue consumption of time.
motion granted - Motion 5 - Allowing electronic presentations on opening statements
- Parties to exchange electronic presentation to be used on opening statements on the morning of the first day of trial.
(ivy's note: as this is merely about using powerpoint during opening statements I'm omitting the rest)
allowed (motion denied) - Motion 6 - David Fournier Testimony
- Michael Jackson's history of hiding drug abuse is relevant to the issue of the likelihood that AEG knew Michael Jackson's drug use and if so the extent of the knowledge.
excluded (motion granted)- Motion 7 - MJ Estate did not sue AEG or anyone else in Michael's death
- Jury is not to speculate whether certain parties are or are not part of the lawsuit.
- Jury is only asked to decide whether AEG before them is liable to the Jacksons.
allowed (motion denied)- Motion 8 - KJ did not file a suit against Murray
- AEG is precluded from pointing out that Murray is not a defendant in the lawsuit (see reason cited at motion 7 above)
- However AEG is allowed to present a comparative fault defense and verdict form.
- AEG is permitted to question Katherine Jackson as to her motive (financial) for filing the lawsuit.
- AEG are not permitted to question minor kids (Prince, Paris and Blanket) as to their "motive" for filing the lawsuit because their motive is irrelevant in that Katherine Jackson, their legal guardian and their guardian ad litem in this lawsuit, made that decision for them and they can only appear / file through her.
excluded (motion granted) - Motion 9 - Biological parents of minor children - non opposed
non opposition
excluded in part - allowed in part -Motion 10 - Katherine being kidnapped to Arizona
- AEG shall not refer to Katherine Jackson's alleged kidnapping.
- However testimony that Katherine Jackson's health was / is deteriorating (and that is why she traveled to Arizona) is relevant to her longevity and damages. To that extent only AEG may introduce testimony concerning her trip to Arizona.
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Document here: http://www.scribd.com/doc/132897760/...ions-in-Limine