May 5th updates
Appeal notice
Case summary was showing this “04/26/2013 Notice of Appeal Filed by Attorney for Plaintiff/Petitioner” but we did not have any information.
The added documents show that this appeal is filed by Katherine Jackson and it’s about judge’s decision to dismiss the complaint against AEG Inc. and Tim Leiweke. In other words Katherine’s lawyers are asking the Appellate court to reverse the judge’s order of dismissing the complaint against AEG Inc and its CEO.
Updates to this appeal can be followed from this link : http://appellatecases.courtinfo.ca.g...doc_no=B248420
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MJ Estate’s motion to seal medical record
Estate’s motion to seal medical records is denied and the medical records are ordered to get unsealed.
Judge’s reasons for denying the motion to seal medical records include: court records being presumed public, public’s right of access to information, both Katherine and AEG stating they will be relying on medical records, how Michael’s medical history is the main issue in this trial, parties right to fair trial and how it would be impractical to close down the courtroom to public when medical information is presented.
The same day of this ruling Estate has filed a second amended notice of motion to seal which would be heard August 16, 2013.
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Redaction decision
Judge decided to redact:
- Gongaware’s personal email
- Kathy Jorrie’s personal phone number
- Nanny Grace’s social security and bank account number
- In TII salary information:
------ Names of the musicians, dancers and stagehands will be redacted
------ Other tour professionals (names and salaries) will not be redacted.
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AEG's motion to preclude Katherine's past due discovery
AEG had filed a motion to preclude some last minute submissions and additions done by Katherine. You can read the details here:http://www.mjjcommunity.com/forum/th...=1#post3812341
This is judge’s decisions
1. Late produced documents: AEG’s motion is denied and Katherine can use these late produced documents which consist of family pictures, videos and handwritten notes of Michael.
2. Late identified witnesses
AEG’s motion to exclude Tom Mesereau and Sharon Osbourne is denied however the Judge said AEG can depose them before they take the stand to testify.
Court is also allowing the 14 additional names on Katherine’s witness list.
3. Late identified and improper designation of William Ackerman
Jacksons withdrew their request to cross list Ackerman as a fraud expert.
4. Katherine's improper non-retained experts should be excluded
Judge states witness listings such as “Entire LA coroner office” is improper and ordered to be corrected.
4. Late requests from MJ Estate
January 2013 Katherine's lawyers filed a request from MJ Estate asked Estate to give them documents from AllGood and Lloyds lawsuits. Judge states that AEG has no standing to oppose to late requests from MJ Estate. Judge states both parties can request documents from MJ Estate.
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Request about Lloyd’s depositions
Katherine’s lawyers also served AEG with a request for all deposition transcripts and discovery and responses at Lloyds lawsuit on April 15. AEG is citing protective order on that case and refusing to turn those over to the Jacksons. No ruling posted on the online court system yet.
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Rulings on motions in limine
Most of these motions were filed conditionally under seal so in most instances it’s impossible to tell what the main arguments are.
Judge starts both ruling stating that whether Murray was hired by AEG or not is a question for the jury to decide and therefore experts cannot provide an opinion that Murray was hired by AEG but they can answer hypothetical questions that assume Murray was hired by AEG.
AEG’s motion in limine
Exclude Jacksons expert Dr. Wohlgelernter (opinion 2) - Denied
Judge says Jacksons expert can testify that the equipment request by Murray was unconventional (red flag) for a 50 year old man with no heart disease. Judge says AEG’s expert can argue that the equipment request was for dehydration. Judge points out the jury will decide on what the reason for the equipment was and what AEG known or should have known about the request.
Exclude Jacksons expert Dr. Schnoll – Denied in part, granted in part
Granted in regards to opinions 1, 3, 14 : Jacksons withdrew opinions that “it was common knowledge that MJ had drug problems” and “AEG knew MJ had insomnia”. The opinion of “AEG’s choice of Murray killed MJ” is excluded as it’s argumentative.
“Murray was in a conflict of interest that lead to poor decisions as it concerns treatment for narcotics addiction” is permissible.
Denied as to opinions 2 and 4-13 : AEG’s opposition is based on the fact that Dr. Schnoll’s opinions are based on his assumptions such as “AEG knew MJ had trouble sleeping”. Judge states this is not a reason to exclude these opinions and AEG can attack the foundation of such opinions during testimony.
Exclude Jacksons expert Dr. Shimelman – Denied in part, granted in part
Denied as to opinions 1, 3-7, 9-12: As in the case of Dr. Schnoll these opinions are based on assumptions and again the judge points out AEG can attack the foundation of such opinions during testimony.
Granted in regards to opinions 2 and 8: Jacksons withdrew opinion 2. Judge excluded “ AEG was the only entity that could stop MJ’s addictions” as it’s pure speculation.
Judge also points out that Dr.Shimelman’s testimony is repetitive of Dr. Schnoll’s testimony in many points and expects that Jacksons will tailor their questions to these experts so it won’t be repetitive.
Exclude Jacksons expert Dr. Czeisler – Denied in part, granted in part
Denied as to opinion numbers 1-6 and 8
Granted as to opinion numbers 7 and 9
(No explanation given on judge’s ruling as what these opinions are)
Exclude Jacksons expert Arthur Erk– Denied in part, granted in part
Granted only as to the Tier 2 damages except future tours and royalty bump (which are permitted).
Court agrees with AEG that speculative damages are not allowed and this is why most of the items in Tier 2 such as amusement parks etc are excluded.
Judge says as MJ in the past participated in endorsement deals, clothing lines and movies, doing these in the future are considered as potential loss of income and not as “speculative”. Judge states that AEG can point out MJ’s failed endeavors in the past in their cross examination.
Exclude Jacksons expert Peter Formuzis– Denied in part, granted in part
Denied as to present value calculations, granted as only the opinions about future lost earnings and earnings capacity.
Exclude Jacksons expert Jean Seawright– Denied in part, granted in part
Granted as to the opinions that “AEG hired Murray” or “AEG was careless in their supervision of Murray “as it’s argumentative and a decision for jury. Denied as to human resources practices and standards.
Exclude Jacksons expert David Berman– Denied in part, granted in part
Granted as to the opinions that “AEG hired Murray”, “AEG put the tour happening over and above health of MJ” and also Berman’s opinions about who – AEG personnel or others – are credible or not. All of these are argumentative and is a question for the jury to decide.
Denied as to music artists management and relationships. Judge states Berman’s opinions based on his “common sense” is okay as long as they also rely on his 44 year experience in music industry.
Exclude Jacksons expert Dr. Matheson– Denied in part, granted in part
Granted as to the opinions that “AEG hired Murray” and “conflict of interest caused MJ’s death or was a substantial factor in MJ’s death” as they are argumentative and is a decision for jury.
Denied as to the opinions of ethics and conflict of interest among a physician (Murray), patient(MJ) and a third party(AEG). AEG had tried to exclude Dr. Matheson saying that he was a sports medicine expert and not a tour doctor. Judge finds out that Dr. Matheson’s expertise about doctor, athlete and coach/team owner is relevant and comparable to this situation.
Jackson’s motion in limine
Exclude AEGs expert Eric Briggs – Denied in part, granted in part
Granted as to the income / value of MJ Estate and its effect on damages. Jacksons also agreed that they will not introduce post-death increase in the value of MJ Estate and argue that the increase is an indicator of MJ’s earnings had he lived.
Denied as to MJ’s future earning potential – media/ entertainment rights.
Exclude AEGs expert William Ackerman – Denied in part, granted in part
Granted as to the amount Jacksons receive from MJ Estate including TII film proceeds.
Denied as to MJ’s debts as MJ’s financial condition at the time of his death has relevance to his future earnings potential.
Exclude AEGs expert Arnold Dicke – Denied
Dicke – an actuarial- has said he cannot testify to the exact number of years MJ would have lived however the judge has ruled that he can testify to a range of years, a general opinion of life expectancy and any deviation from standard life expectancy tables.
Exclude inquiry of business dealings and personal life of Jacksons experts Barry Nadell - Denied
Judge states Nadell has many other business and AEG can explore the amount of time – if any- Nadell actually spends on his background investigation business. Furthermore judge states Nadell’s testimony in which he said he didn’t realize his facebook was public implicates credibility and expertise in background investigations.
Exclude AEGs expert Rhoma Young – Denied in part, granted in part
Granted as to the opinion of “Murray was not hired”
Denied as to the opinion that “negotiations for an independent contractor” (more about this below).
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Independent contractor versus Employee
AEG and Jacksons were having disagreements about in regards to independent contractor and employee. They asked Judge for a clarification.
AEG claims as the judge has dismissed the respondeat superior, court found that Murray was an independent contractor and not an employee.
Jackson’s disagree and say that court’s ruling did not establish any facts and Jackson’s can argue to the jury that Murray was AEG’s employee.
Judge responds to clarification as it follows :
"Plaintiffs (Jacksons) asked for clarification that the court found Murray was “as a matter of law” not an employee”. The court finds that based on evidence presented at summary judgment that it is the “law of the case” Murray (assuming he was hired) was an independent contractor and not an employee. This is so because the court summarily adjudicated Plaintiffs (Jacksons) respondeat superior claim/ theory in favor of Defendants (AEG)”